[Ord. 725-04, 11/8/2004]
1.Â
Scope.
A.Â
Unless otherwise expressly stated, the following words and terms
shall, for the purposes of this code, have the meanings shown in this
Section.
B.Â
Interchangeability. Words stated in the present tense include the
future; words in the masculine gender include the feminine and neuter;
the singular number includes the plural and the plural the singular.
C.Â
Terms Defined In Other Codes. Where terms are not defined in this
code and are defined in the International Building Code or the International
Mechanical Code, such terms shall have the meaning ascribed to them
as in those codes.
(1)Â
The words "shall" and "must" is always mandatory; the word "may"
is permissive.
(2)Â
The words "used for" include "designed for," "intended for,"
"maintained for," or "occupied for."
(3)Â
The word "building" includes "structure" and shall be construed
as if followed by the phrase "or part thereof."
(4)Â
The word "person" includes "individual," "profit or nonprofit
organization," "partnership," "company," "unincorporated association"
or other similar entities.
D.Â
Terms Not Defined. Where terms, phrases or words are not defined
through the methods authorized by this Section, such terms, phrases
or words shall have ordinarily accepted meanings such as the context
implies.
[Ord. 725-04, 11/8/2004; as amended by Ord. 736-06, 2/13/2006,
§ 1; by Ord. 758-08, 9/22/2008; by Ord. 771-09, 9/28/2009,
§ 3; by Ord. 783-11, 4/11/2011, § 1; by Ord. 785-11,
6/27/2011, § 1; and by Ord. 796-12, 8/13/2012, § 1]
ACCESSORY BUILDING — An incidental subordinate
building customarily incidental to and located on the same lot occupied
by the main use or building, such as a detached garage, tool shed,
storage shed, etc.
An accessory building used solely as the temporary dwelling
of guests of the occupants of the premises; such dwelling having no
kitchen facilities and not rented or otherwise used as a separate
dwelling unit.
A use conducted on the same lot as the primary use of the
structure to which it is related; a use that is clearly incidental
to, and customarily found in connection with, such primary use.
Adult uses are further defined below:
ADULT BOOKSTOREAny store that has as a substantial or significant portion of its stock in trade, books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis or depiction on description of specified sexual activities (as defined herein) or specified anatomical areas (as defined herein), devices or paraphernalia that are designed for use in connection with specified sexual activities.
ADULT CABARETAny nightclub, theater, bar or other establishment that features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MINI MOTION PICTURE THEATERAny enclosed or unenclosed building with a capacity of more than five but less than 50 persons used for presenting and for of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance of conferring of and is, in fact, authorized thereunder to issue and confer a diploma.
ADULT MOTELAny motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin or slug operated or electronically of mechanically controlled still or motion picture machines, projectors or other image producing devises are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAny enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny coin-operated machine or device, which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT THEATERAny theater, concert hall, auditorium or other similar establishment, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or exposure of specified anatomical areas for observation by patrons.
MASSAGE ESTABLISHMENTAny establishment of business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does into include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SPECIFIED SEXUAL ACTIVITIESShall mean and include: actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relations, and any of the following depicted sexually oriented acts of conduct: analingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piguerism, sapphism, zooerasty; clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence; use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation; or fondling or touching of nude human genitals, pubic region, buttocks or female breasts.
SPECIFIED ANATOMICAL AREASAny of the following anatomical areas: less than completely and opaquely covered human genitals; the pubic region; buttocks; anus; female breasts below a point immediately above the top of the areolae; or human male genitals in a discernible turgid state, even if completely and opaquely covered.
The tilling of the soil, raising of crops, farm animals,
livestock, horticulture, gardening, beekeeping and aquaculture.
Any public way or thoroughfare less than 16 feet (4,877 mm)
in width, which has been dedicated to the public for public vehicular
use; a way which affords only a secondary means of access to an abutting
property.
Any change, addition, location or modification in construction,
occupancy or use.
An establishment offering five or more amusement devices,
including, but not limited to, coin-operated electronic games, shooting
galleries, table games and similar recreational diversions within
an enclosed building.
A place where dogs or cats or other house pets are housed
temporarily for a fee.
[Added by Ord. No. 832-18, 2/26/2018]
A place where stray, lost, abandoned or surrendered animals,
mostly dogs and cats, and sometimes sick or wounded wildlife are housed
and cared for.
[Added by Ord. No. 832-18, 2/26/2018]
A building designed or used for three or more dwelling units.
The two-dimensional measurement of space between known lines
or boundaries.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of uncovered porches, awnings, terraces, and steps (i.e., top view).
GROSS FLOOR AREAThe sum of the floor areas of a building, as measured to the outside surfaces of interior walls, or all areas intended for the conduct of a use.
HABITABLE FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the inside surfaces of interior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.
LOT AREAThe total surface area contained within the property lines of a lot.
RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.
That part of a building which is immediately below and within
the roof framing.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar large mechanical equipment,
including paint, body and fender and major engine and engine part
overhaul, which is conducted within a completely enclosed building.
An establishment primarily engaged in the repair or maintenance
of motor vehicles, trailers and similar mechanical equipment, including
brake, muffler, upholstery work, tire repair and change, lubrication,
tune-ups, transmission work and car detailing, which is conducted
within a completely enclosed building.
The sale, lease and/or rental of motor vehicles, together
with related services of major automotive repair and/or minor automotive
repair.
[Added by Ord. No. 832-18, 2/26/2018]
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles by persons other than a service
station attendant. Such an establishment shall be permitted to offer
for sale at retail other convenience items as a clearly secondary
activity and shall be permitted also to include a freestanding automatic
car wash.
That portion of property where flammable or combustible liquids
or gases used as fuel are stored and dispensed from fixed equipment
into the fuel tanks of motor vehicles. Accessory activities shall
be permitted to include automotive repair and maintenance, car wash
service and food sales.
Any floor level below the first story in a building and with
more than 50% of the wall height below the finished grade, except
that a floor level in a building having only one floor level with
more than 50% of the wall height below the finished grade shall be
classified as a basement. A basement shall not be considered as a
story in determining the permissible number of stories.
A single-family, owner-occupied dwelling, where between one
and seven sleeping accommodations are rented to overnight guests on
a daily basis for periods not exceeding two weeks. Breakfast may be
offered only to registered overnight guests.
See the definition of "billboard" under the definition of
"sign" below.
[Amended by Ord. No. 832-18, 2/26/2018]
The Hamburg Zoning Hearing Board.
An individual, other than a member of a family owning or
occupying a dwelling unit or a lodging facility, who, for compensation,
is furnished sleeping accommodations within such dwelling unit or
lodging facility and may be furnished meals or other services as part
of the compensation.
A dwelling containing a single dwelling unit and not more
than 10 guest rooms or suites of rooms, where lodging is provided,
with or without meals, for compensation for more than two weeks.
[Amended by Ord. No. 832-18, 2/26/2018]
The Borough of Hamburg, Berks County, Pennsylvania.
A restaurant that sells 25% or more of its beer on site.
The beer is brewed primarily for sale in the restaurant and bar. Sales
off site are less than 75% of production.
[Added by Ord. No. 832-18, 2/26/2018]
Any structure used or intended for supporting or sheltering
any use or occupancy.
BUILDING, DETACHEDA building surrounded by open space on all four sides within the same lot.
BUILDING, SEMI-DETACHEDA building which has one wall in common with an adjacent building.
BUILDING, ATTACHEDA building which has two or more party walls in common.
The International Building Code promulgated by the International
Code Council, or state construction code as adopted by the Borough
of Hamburg.
[Amended by Ord. No. 832-18, 2/26/2018]
The vertical distance above the average existing grade measured
to the highest point of the building. The height of a stepped or terraced
building shall be the maximum height of any segment of the building.
The actual line of the closest part of a building to an adjacent
street right-of-way line. The building setback line shall include
sun parlors, covered porches, whether enclosed or unenclosed, any
roof overhangs, but does not include steps, terraces, cornices and
other ornamental features projecting from the walls of the building
or structure.
A building in which the principal use of the site is conducted.
A building used temporarily for the storage of construction
materials and equipment incidental and necessary to on-site permitted
construction of utilities, or other community facilities, or used
temporarily in conjunction with the sale of property within a subdivision
under construction.
An establishment intended for the conduct of service or administration
by a commercial enterprise, or offices for the conduct of professional
or business service.
A roofed structure constructed of fabric or other material
supported by the building or by supports extending to the ground directly
under the canopy placed so as to extend outward from the building,
providing a protective shield for doors, windows and other openings.
[Amended by Ord. No. 832-18, 2/26/2018]
See "basement."
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums and mortuaries, when
operated in conjunction with the cemetery and within the boundaries
thereof.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, cemeteries, parsonages
and church-related educational and/or day-care facilities.
A statement based on an inspection, signed by the Zoning
Officer, setting forth that a building, structure, sign, and or land
complies with adopted zoning and building codes and may be lawfully
employed for specific uses and occupancy, issued prior to the legal
occupancy of the building or space.
[Amended by Ord. No. 832-18, 2/26/2018]
Concentrating residential dwellings instead of spreading
dwellings uniformly over a tract to result in decreased land development
and community maintenance costs and providing common open space for
tract residents and preserving natural amenities of the site.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A community commercial center shall provide for the
sale of general merchandise and may include a variety store, discount
store or supermarket.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A convenience commercial center shall provide a small
cluster of convenience shops or services.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A neighborhood commercial center shall provide for the
sale of convenience goods and services, with a supermarket as the
principal tenant.
A completely planned and designed commercial development
providing for the sale of general merchandise and/or convenience goods
and services. A regional center shall provide for the sale of general
merchandise, apparel, furniture, home furnishings, and other retail
sales and services, in full depth and variety.
An establishment or business that generally uses open sales
yards, outside equipment storage or outside activities that generate
noise or other impacts considered incompatible with less-intense uses.
Typical businesses in this definition are lumberyards, construction
specialty services, heavy equipment suppliers or building contractors.
An establishment or business that generally has retail or
wholesale sales, office uses or services, which do not generate noise
or other impacts considered incompatible with less-intense uses. Typical
businesses in this definition are retail stores, offices, catering
services or restaurants.
Establishments that engage in the sale of general retail
goods and accessory services. Businesses within this definition include
those that conduct sales and storage entirely within an enclosed structure
(with the exception of occasional outdoor "sidewalk" promotions);
businesses specializing in the sale of either general merchandise
or convenience goods.
A parcel of land or water or combination of both located
within a development site and designed and intended for the use and
enjoyment of residents of a planned development, not including streets,
off-street parking areas and areas set aside for public facilities.
The declaration of purposes, policies and programs for the
development of the jurisdiction as contained in the Joint Comprehensive
Plan for Northern Berks County adopted May 2003, as amended. This
Joint Plan includes Hamburg and Strausstown Boroughs as well as Tilden,
Upper Bern, Upper Tulpehocken and Windsor Townships.
A use which may not be appropriate to a particular zoning
district as a whole but which may be suitable in certain localities
within the district only when specific conditions and criteria prescribed
for such use have been complied with. Conditional uses are acted upon
by the Borough Council after recommendations by the Planning Commission,
in accordance with the requirements of this chapter.
A single dwelling unit in a multi-unit dwelling or structure,
that is separately owned and may be combined with an undivided interest
in the common areas and facilities of the property.
Any building or portion thereof that contains facilities
for living, sleeping and sanitation as required by this code, and
may include facilities for eating and cooking for occupancy by other
than a family. A congregate residence shall be permitted to be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does
not include jails, hospitals, nursing homes, hotels or lodging houses.
A plan including map(s) and narrative that, at the very least,
outlines an erosion and sedimentation control plan for an identified
parcel of land.
A business which specializes in the retail sales and/or rental
of household products and foods. Convenience stores may also include
related services, provided that each use has obtained the necessary
respective approvals, and it operates as an accessory use to the convenience
store.
A publicly or privately operated facility for the housing
of persons being detained by any government agency or awaiting trial
or serving a sentence after being found guilty of violating a criminal
law and being within the jurisdiction of a federal, state or local
probation, parole or corrections agency and/or receiving treatment
other than at a hospital while under the jurisdiction of such authority
or agency. This definition shall include, but not be limited to, jails,
prisons, juvenile detention centers, work release centers, prerelease
centers, immigration detention housing/centers and treatment centers.
This definition shall not be deemed to include a temporary holding
facility that is accessory to a police station, a rehabilitation center
or a group care facility.
A space, open and unobstructed to the sky, located at or
above grade level on a lot and bounded on three or more sides by walls
of a building.
When used in the context of this chapter, shall refer to
a calendar day.
A 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 may be appealed to the Court of Common
Pleas of Berks County and judicial district wherein the Borough lies.
The number of dwelling units that are allowed on an area
of land, which area of land shall be permitted to include dedicated
streets contained within the development.
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 of Hamburg; the Hamburg
Zoning Hearing Board; and 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 ordinance. Determinations may be
appealed only to the boards designated as having jurisdiction for
such appeal.
A park for dogs to exercise and play off-leash in a controlled
environment under the supervision of their owners. These parks have
varying features, although they typically offer a four-foot to six-foot
fence, separate double-gated entry and exit points, adequate drainage,
benches for humans, shade for hot days, parking close to the site,
water, tools to pick up and dispose of animal waste in covered trash
cans, and regular (daily) maintenance and cleaning of the grounds.
Dog parks may also offer wheelchair access, a pond for swimming and
a separate enclosure for small dogs.
[Added by Ord. No. 832-18, 2/26/2018]
A private access road, the use of which is limited to persons
residing, employed or otherwise using or visiting the parcel in which
it is located.
Portions of Hamburg Borough within which certain uniform
regulations and requirements or combinations thereof apply under the
provisions of this chapter.
A building on a permanent foundation arranged, intended,
designed or used as the living quarters for one or more families living
independently of each other upon the premises. The term "dwelling"
shall not be deemed to include a hotel, motel, rooming house or tourist
house.
DWELLING, SINGLE-FAMILYA detached dwelling unit with kitchen and sleeping facilities, designed for occupancy by one family.
DWELLING, TWO-FAMILYA detached dwelling unit designed for occupancy by two families living independently with separate kitchen and sleeping facilities, which may or may not share common entrances.
DWELLING, MULTIPLE-UNITA building or portion thereof designed for occupancy by three or more families living independently, in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.
One or more rooms providing living and sanitary facilities
for one family, including equipment for cooking or provisions for
same.
[Amended by Ord. No. 838-18, 8/27/2018]
That portion of land or property reserved for present or
future use by person or agency other than the legal fee owner(s) of
the property. The easement shall be permitted to be for the use under,
on or above said lot or lots.
A public road or turning roadway, including acceleration
lanes, by which traffic may enter the main traveled way of a Borough
highway, form the general road system, irrespective of whether traffic
may also leave the main traveled way by the road or turning roadway.
The erection, construction, alteration or maintenance by
public utilities or municipalities or other governmental agencies
of underground or overhead gas, electric, steam, water or transmission
or distribution systems, collection, communication, supply or disposal
systems.
A public road or turning roadway including deceleration lanes,
by which traffic may leave the main traveled way of a Borough highway
to reach the general road system, irrespective of whether traffic
may also enter the main traveled way by the road or turning roadway.
The wall of a building fronting on a street or right-of-way,
excluding any appurtenances such as projecting fins, columns, pilasters,
canopies, marquees, showcases or decorations.
One or more persons occupying a dwelling and living as a
single nonprofit housekeeping unit.
[Amended by Ord. No. 838-18, 8/27/2018]
A structure designed to limit access to an area.
An area of land adjacent to the channel of a watercourse
which has been, or is likely to be, flooded, or any area subject to
the unusual and rapid accumulation or runoff of surface waters from
any source.
ONE-HUNDRED-YEAR FLOODPLAINThe outer boundary of an area of land that is likely to be flooded once every 100 years as determined by the Flood Insurance Study as may, from time to time, be promulgated by the Federal Emergency Management Association.
FIVE-HUNDRED-YEAR FLOODPLAINThe outer boundary of an area of land that is likely to be flooded once every 500 years as determined by the Flood Insurance Study as may, from time to time, be promulgated by the Federal Emergency Management Association.
The channel of a watercourse and the adjacent land areas
that must be reserved in order to discharge the base flood without
cumulatively increasing the base flood elevation more than one foot.
The sum of the horizontal areas of floors of a building measured
from the exterior face of exterior walls or, if appropriate, from
the center line of dividing walls; this includes courts and decks
or porches when covered by a roof.
The gross floor area exclusive of vents, shafts, courts,
elevators, stairways, exterior walls and similar facilities.
The management of forests and timberlands 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.
A limited access highway.
The width of a lot or parcel abutting a public right-of-way
measured at the front property line.
A building or a portion of a building not more than 1,000
square feet (92.9 m2) in area, in which only private or pleasure-type
motor vehicles used by the tenants of the building or buildings on
the premises are stored or kept. No business occupation or service
is therein conducted.
An apartment where each dwelling unit has exposure to light
and air on at least two walls of each dwelling unit with common entranceways
serving not more than six dwelling units, where common entranceways
are provided on the exterior of the building they shall be adequately
shielded from the elements.
A structure or area used for the sale of gasoline or motor
vehicle fuel, which may include facilities for lubricating, washing,
sale of accessories and otherwise minor servicing, repair and inspection
of motor vehicles, but not including body repair or painting thereof.
The Borough Council of Hamburg.
The lowest point of elevation of the existing surface of
the ground, within the area between the building and a line five feet
(1,524 mm) from the building.
A facility that provides occupational therapy and other outpatient
physical rehabilitative services to individuals.
Any dwelling, building, or portion thereof in which child
or adult day-care services other than "babysitting" are provided,
including any on-site outdoor play area, operated by an agency licensed
by the Commonwealth of Pennsylvania and any other applicable regulatory
agency. The child or adult shall not reside or stay overnight thereat.
Child and adult day-care facilities shall be further differentiated
by the following two classifications:
[Amended by Ord. No. 838-18, 8/27/2018]
DAY-CARE HOMEAny premises or dwelling unit, other than the home of the child or adult, where a family residence is being used as a day-care area, operated for profit or not for profit, in which day care is provided at any one time for a maximum of six nondependent children or adults per day.
DAY-CARE CENTERA facility which provides care for a combined total of seven or more children or adults per day, where the child or adult care areas are not being used as a residence.
A family of two or three members inhabiting a dwelling unit,
not necessarily related by blood, marriage, adoption, or legal guardianship,
who, because of their physical, emotional or behavioral condition
or because their social or interpersonal skills otherwise would limit,
inhibit, or prevent their ability to function as useful or productive
members of society, are provided supportive services through a Pennsylvania-licensed
nonprofit social service agency. This shall not include current illegal
use of or addiction to a controlled substance, nor shall it include
any person whose residency in the home would constitute a direct threat
to the health and safety of other individuals. The term "group home"
shall not include alcoholism or drug treatment centers, rehabilitation
centers, work release facilities for convicts or ex-convicts, or other
housing facilities serving as an alternative to incarceration. Those
individuals who are considered dangerous to themselves or others shall
not be housed in a group home.
[Added by Ord. No. 838-18, 8/27/2018]
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
space and similar areas are not considered habitable space.
Materials which have the potential to damage health or impair
safety. Hazardous materials include, but are not limited to, inorganic
mineral acids or sulfur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium and arsenic and their common salts; lead, nickel and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials. Also included are floatable materials with
the potential to cause physical damage, such as lots, storage tanks
and large containers.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air-pollution
facility, and other discarded material, including solid, liquid, semisolid,
or contained gaseous material, resulting from municipal, commercial,
industrial, mining or agricultural operations, and from community
activities, or any combination of the above, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics,
may cause or significantly contribute to an increase in mortality
or pose a substantial present or potential hazard to human health
and the environment.
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or building used for the purpose
of permanently housing or temporarily holding hazardous waste, or
for the storage of treatment of hazardous waste, for any time span,
other than the normal transportation time through the Borough.
Any continuous vegetation that limits access to an area.
The partial use of a dwelling unit for commercial or nonresidential uses by a resident thereof, which is subordinate and incidental to the use of the dwelling for residential purposes. Home occupations shall be limited to no more than one nonfamily assistant; all parking shall be off-street, and two additional off-street parking spaces, in addition to those required of the residence units, shall be required; a home occupation shall not occupy more than 25% of the total floor area of the dwelling and shall not be carried on in an accessory building; there shall be no exterior display or exterior storage of goods on said premises; and home occupations shall conform to the general performance standards found in § 27-507.
An institution designed for the diagnosis, treatment and
care of human illness or infirmity and providing health services,
primarily for inpatients, and including as related facilities, laboratories,
outpatient departments, training facilities and staff offices.
Dogs, cats, rabbits, birds, etc., for family use only (noncommercial),
with cages, pens, etc.
That portion of a lot covered by impervious surfaces. Impervious
surfaces include any materials that prevent absorption of stormwater
into the ground, such as macadam, buildings, graveled areas, etc.
A tract of land developed according to a master site plan
for the use of a family of industries and their related commercial
uses, and that is of sufficient size and physical improvement to protect
surrounding areas and the general community and to ensure a harmonious
integration into the neighborhood.
An area or site established for the purpose of informing
the public of places of interest within the Borough and providing
other information that the Borough may consider desirable.
A junction of two or more highways by a system of separate
levels that permits traffic to pass from one highway to another without
the crossing of traffic streams.
A lot, land, structure or part thereof used for the buying,
trading, collecting, dismantling, storage and/or sale of scrap metal,
scrap, abandoned or junk motor vehicles, machinery, equipment or glass
containers, but not including refuse or garbage kept in a proper container
for the purpose of prompt disposal. This definition shall not be deemed
to include scrap processing operations or automobile shredding establishments.
Any political subdivision that adopts this chapter for administrative
regulations within its sphere of authority.
Any room or portion of a room within a building designed
and intended to be used for the cooking or preparation of food.
A place equipped for experimental study in a science or for
testing and analysis.
Includes 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.
The finishing and adornment of unpaved yard areas. Materials
and treatment generally include naturally growing elements, such as
grass, trees, shrubs and flowers. This treatment shall be permitted
also to include the use of logs, rocks, fountains, water features,
retaining walls less than 36 inches above grade and contouring of
the earth.
[Amended by Ord. No. 832-18, 2/26/2018]
The political entity of the adopting jurisdiction.
A public highway to which owners or occupants of abutting
property or the traveling public have no right of ingress or egress,
from or across the highway, except as may be provided by the authorities
responsible therefor.
Includes, but is not limited to, horses, bovine animals,
sheep, goats, swine, reindeer, donkeys, mules and any other hoofed
animals.
A single parcel of land.
ADJOINING LOTA lot bordering upon, sharing a common boundary, or touching a parcel of land of the same ownership.
PRIMARY LOTA lot with a principal structure such as a residence, commercial building, or other habitable building not normally considered an accessory structure.
VACANT LOTAn unoccupied parcel of land on which there are no permanent buildings or structures.
VACANT LOT (IMPROVED)An unoccupied parcel of land on which has been constructed an accessory structure or nonhabitable structures such as a private garage.
The area contained within the property lines, excluding space
within all streets.
The maximum percentage of lot area which may be covered by
buildings and structures.
A lot recorded in the office of the Recorder of Deeds of
Berks County, Pennsylvania.
The horizontal distance measured between the street right-of-way
line and the closest rear property. On a corner and through lot, the
depth shall be measured from the street right-of-way line of the street
of address to the directly opposite property line.
The mean width measured at the building line between side
lot lines and parallel to the front lot line, but in no case shall
the street frontage be less than 1/2 of the required lot width in
the particular district.
Apartments where each dwelling unit has exposure to light
and air on at least one wall of each dwelling unit, with common entranceways
and hallways. Where common entranceways and hallways are provided
on the exterior of the building, they shall be adequately shielded
from the elements.
The traveled way of a highway on which through traffic is
carried. In the case of a divided highway, the traveled way of each
of the separated roadways for traffic in opposite directions is a
main traveled way.
All other types of manufacturing not included in the definitions
of "light manufacturing" and "medium manufacturing."
A structure, transportable in one or more sections, which
in the traveling mode is eight body feet (2,438 body mm) or more in
width or 40 body feet (12,192 body mm) or more in length, or, when
erected on site, is 320 square feet (30m2) or more, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to required utilities, and includes the plumbing, heating,
air-conditioning and electrical systems contained therein; except
that such term shall include any structure that meets all the requirements
of this paragraph except the size requirements and with respect to
which the manufacturer voluntarily files a certification required
by the secretary of the U.S. Department of Housing and Urban Development
(HUD) and complies with the standards established under this title.
For mobile homes built prior to June 15, 1976, a label certifying
compliance to the Standard for Mobile Homes, NFPA 501, in effect at
the time of manufacture is required. For the purpose of these provisions,
a mobile home shall be considered a manufactured home.
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted
entirely within an enclosed structure, with no outside storage, serviced
by a modest volume of trucks or vans and imposing a negligible impact
on the surrounding environment by noise, vibration, smoke, dust or
pollutants.
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment within an enclosed structure or an
open yard that is capable of being screened from neighboring properties,
serviced by a modest volume of trucks or other vehicles.
"Marijuana" or "marihuana" means all parts of the plant Cannabis,
whether growing or not; the seeds thereof; the resin extracted from
any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds or resin, for medical
purposes allowed pursuant to the Pennsylvania Medical Marijuana Act
(PA Act 16, 2016).[1]
[Added by Ord. No. 832-18, 2/26/2018]
A facility licensed by the State of Pennsylvania pursuant
to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016), where
usable marijuana and marijuana-infused products may be dispensed and/or
sold at retail.
[Added by Ord. No. 832-18, 2/26/2018]
A facility licensed by the State of Pennsylvania pursuant
to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016), for producing,
planting, growing, harvesting, drying or processing of medical marijuana
plants or any part thereof for medical purposes or to process medical
marijuana into usable marijuana and marijuana-infused products, package
and label usable marijuana and marijuana-infused products for sale
in retail outlets, and sell usable marijuana and marijuana-infused
products at wholesale to marijuana retailers, for medical purposes
allowed by Pennsylvania law.
[Added by Ord. No. 832-18, 2/26/2018]
An establishment that produces and sells a small amount of
beer. To qualify as a microbrewery, the facility must produce less
than 15,000 barrels per year. 75% of product is sold off site.
[Added by Ord. No. 832-18, 2/26/2018]
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely
for nonactive storage, and no processing, manufacturing, sales, research
and development, testing, service and repair, or other nonstorage
activities shall be permitted. No flammable liquids (oil, gasoline,
methanol, etc.) or explosive materials shall be permitted to be stored
in storage facilities designated as a mini-storage/warehouse.
[Amended by Ord. No. 832-18, 2/26/2018]
An establishment in which the deceased are prepared for burial
or cremation. The facility shall be permitted to include a chapel
for the conduct of funeral services and spaces for funeral services
and informal gatherings, and/or display of funeral equipment.
See the definition of "manufactured home."
Any building or structure containing six or more guest 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.
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."
The Borough of Hamburg, Berks County.
[Added by Ord. No. 832-18, 2/26/2018]
A picture or graphic illustration applied:
A mural shall otherwise be subject to the terms and conditions set forth in § 27-510, Subsection 3H, of this chapter. Any picture or graphic illustration which does not meet the elements of this definition shall be considered a sign or otherwise as defined within this section.
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, and which also involves no 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 use; 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 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; and the business may not involve any illegal activity.
A lot whose width, area or other dimension did not conform
to the regulations when this code became effective.
A building or structure or portion thereof legally existing
at the time this code became effective, which was designed, erected
or structurally altered for a use that does not conform to the zoning
regulations of the zone in which it is located.
A use that lawfully occupied a building or land at the time
this code became effective which has been lawfully continued and which
does not now conform with the use regulations.
Facilities designed for the housing, boarding, assisted living
and dining associated with some level of nursing care.
Land areas that are not occupied by buildings, structures,
parking areas, streets, alleys or required yards. Open space shall
be permitted to be devoted to landscaping, preservation of natural
features, patios and recreational areas and facilities.
A public or private area of land, with or without buildings,
intended for outdoor active or passive recreational uses.
An open hard-surfaced area, other than a street, used for
the parking of automobiles.
A space within a building or private or public parking lot,
measuring 10 feet by 20 feet, exclusive of driveways, ramps, columns,
office and work areas, for the parking of an automobile.
A structure projecting from the side or rear wall from the
dwelling not more than 30 inches above ground level.
[Amended by Ord. No. 832-18, 2/26/2018]
A natural person, heirs, executors, administrators or assigns,
and includes a firm, partnership or corporation, its or their successors
or assigns or the agent of any of the aforesaid.
An establishment where living creatures are sold.
The Hamburg Borough Planning Commission.
A residential or commercial development guided by a total
design plan in which one or more of the zoning or subdivision regulations,
other than use regulations, shall be permitted to be waived or varied
to allow flexibility and creativity in site and building design and
location, in accordance with general guidelines.
A plot of a lot, drawn to scale, showing the actual measurements,
the size and location of any existing buildings or buildings to be
erected, the location of the lot in relation to abutting streets,
and other such information.
Any structure that contains water over 24 inches (610 mm)
in depth and which is used, or intended to be used, for swimming or
recreational bathing in connection with an occupancy of a single family
dwelling and which is available only to the family and guests of the
householder. This includes in-ground, aboveground, and on-ground swimming
pools, hot tubs and spas.
PRIVATE SWIMMING POOL, INDOORAny private swimming pool that is totally contained within a private structure and surrounded on all four sides by walls of said structure.
PRIVATE SWIMMING POOL, OUTDOORAny private swimming pool that is not an indoor pool.
POOL BARRIERA fence, a wall, a building wall, the wall of an aboveground swimming pool or combination thereof, which completely surrounds the water in a swimming pool and obstructs access to the water in a swimming pool.
HOT TUB, IN-GROUND POOL AND SPASee "private swimming pool."
POWER SAFETY COVERA pool cover that is placed over the water area and is opened and closed with a motorized mechanism activated by a control switch.
Any swimming pool other than a private swimming pool.
A three-sided roofed structure projecting from the building.
A porch shall be located within the respective building setback lines
for the lot. A porch may be screened or enclosed but may not be used
as conditioned habitable space.
[Amended by Ord. No. 832-18, 2/26/2018]
The property upon which an activity is conducted as determined
by physical facts rather than property lines; it is the land occupied
by the buildings or other physical uses that are necessary or customarily
incident to the activity, including such open spaces as are arranged
and designed to be used in connection with the buildings or uses.
Parks, playgrounds, trails, paths and other recreational
areas and other public areas; sites for schools, sewage treatment,
refuse disposal and other publicly owned or operated facilities; and
publicly owned or operated scenic and historic sites.
A formal meeting held pursuant to public notice by the Borough
Council, Zoning Hearing Board or Planning Commission, intended to
inform and obtain public comment to taking action in accordance with
this Part.
A forum held pursuant to notice under the Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271.
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 be
not less than seven days from the date of the hearing. Public notice
for rezoning, special exceptions, conditional uses and/or variance
requests shall also include the posting of a sign at conspicuous locations
along the perimeter of the subject property; these sign(s) shall be
posted at least one week prior to the hearing and will exhibit the
nature, date, time and location of the hearing.
Any drainage ditch, storm sewer or drainage facility, sanitary
sewer, water main, roadway, parkway, sidewalk, pedestrianway, tree,
lawn, off-street parking area, lot improvement, or other facility
for which the local government may ultimately assume the responsibility
for maintenance and operation, or for which local government responsibility
is established.
Uses/facilities operated by a unit of government to serve
public needs, such as police (with or without jail), fire service,
ambulance, judicial court or government offices, library and swimming
pool, public utility stations and government maintenance facilities.
[Amended by Ord. No. 832-18, 2/26/2018]
Use or extension thereof which is operated, owned or maintained
by a municipality or municipal authority or which is privately owned
and requires a certificate of convenience approved by the Pennsylvania
Public Utility Commission for the purpose of providing public sewage
disposal and/or treatment; public water supply, storage and/or treatment;
or for the purpose of providing the transmission of energy or telephone
service.
A structure or facility used by a public utility agency to
store, distribute, or generate electricity, gas, telecommunications
and related equipment, or to pump or chemically treat water. This
does not include storage or treatment of sewage, solid waste or hazardous
waste.
Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise
permanently appropriated to the public for public use.
Essentially a public use, although under private ownership
or control.
A majority of the authorized members of a board or commission.
An establishment providing completely enclosed recreation
activities. Accessory uses shall be permitted, to include the preparation
and serving of food and/or the sale of equipment related to the enclosed
uses. Included in this definition shall be bowling, roller-skating
or ice-skating, billiards, pool, motion-picture theaters and related
amusements.
An area free of buildings except for restrooms, dressing
rooms, equipment storage, maintenance buildings, open-air pavilions
and similar structures used primarily for recreational activities.
A facility for the collection, separation and/or processing
of metals, glass, plastic, paper and other used waste materials (excluding
any hazardous materials), which are intended for reuse, remanufacture,
or reconstitution for the purpose of using the altered form.
Annual beer production of more than 15,000 barrels per year.
75% of product is sold off site.
[Added by Ord. No. 832-18, 2/26/2018]
An architect or engineer registered or licensed to practice
professional architecture or engineering as defined by statutory requirements
of the professional registration laws of the state in which the project
is to be constructed.
A facility, which is required to be licensed by the Commonwealth
of Pennsylvania and all other applicable regulatory bodies, whose
primary purpose is the rehabilitation of persons in need of drug and
alcohol rehabilitation, addiction treatment, or assistance to emotionally
and/or mentally disturbed persons.
[Amended by Ord. No. 832-18, 2/26/2018]
A facility, which is required to be licensed by the Commonwealth
of Pennsylvania and all other applicable regulatory bodies, whose
primary purpose is the rehabilitation of prison parolees and juveniles
under court-ordered treatment.
[Amended by Ord. No. 832-18, 2/26/2018]
A facility, which is required to be licensed by the Commonwealth
of Pennsylvania and all other applicable regulatory bodies, whose
primary purpose is the rehabilitation of persons in need of physical
therapy treatment in order to recover from an injury or surgical procedure.
[Amended by Ord. No. 832-18, 2/26/2018]
A use or building owned or maintained by organized religious
organizations or nonprofit associations for social, civic or philanthropic
purposes, or the purpose for which persons regularly assemble for
worship.
Interior or exterior remodeling of a structure, other than
ordinary repair.
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 rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, 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.
An establishment that sells prepared food for consumption.
Restaurants shall be classified as follows:
RESTAURANT, FAST FOODAn establishment that sells food already prepared for consumption, packaged in paper, Styrofoam or similar materials and may include drive-in or drive-up facilities for ordering.
RESTAURANT, GENERALAn establishment that sells food for consumption on or off the premises.
RESTAURANT, TAKE-OUTAn establishment that sells food only for consumption off the premises.
A principal use in which supervised education or instruction
is offered in one of the following categories:
COMMERCIAL SCHOOLA school establishment to provide for the teaching of industrial, clerical, managerial or artistic skills. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum (e.g., beauty school or modeling school).
PRIVATE SCHOOLA school which offers elementary, secondary, post-secondary, post-graduate or any combination thereof, education that may, or may not, be operated as a gainful business.
PUBLIC SCHOOLA school licensed by the Pennsylvania Department of Education for the purpose of providing elementary, secondary, post-secondary and adult education, and created by the school district (or local community college).
VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations: truck driving, engine repairs, building construction and general contracting, woodworking, masonry, plumbing, electrical contracting and other similar trades, as determined by the Zoning Hearing Board.
The minimum required distance between the property line and
the building line.
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on-site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements
and landscaping and signage in accordance with an approved land development
plan.
An advertising message, announcement, declaration, demonstration,
display, illustration, insignia, surface or space erected or maintained
in view of the observer thereof for identification, advertisement
or promotion of the interests of any person, entity, product or service,
including the sign structure, supports, lighting system and any attachments,
ornaments or other features used to draw the attention of observers.
Signs shall be further defined by the following:
ABANDONED SIGNA sign structure that has ceased to be used, and the owner intends no longer to have used, for the display of sign copy, or as otherwise defined by State law.
ADVERTISING DEVICEA sign as defined in this Chapter.
ANIMATED SIGNA sign employing actual motion or the illusion of motion. Animated signs, which are differentiated from changeable signs as defined by this Part and include the following:
ELECTRICALLY ACTIVATED SIGNSAnimated signs producing the illusion of movement by means of electronic, electrical or electromechanical input and/or illumination capable of simulating movement through employment of flashing or patterned illusionary movement.
FLASHINGAnimated signs or animated portions of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this Chapter, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four seconds.
PATTERNED ILLUSIONARY MOVEMENTAnimated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
ENVIRONMENTALLY ACTIVATED SIGNSAnimated signs or devices motivated by wind, thermal changes or other natural environmental input. Includes spinners, pinwheels, pennant strings and/or other devices or displays that respond to naturally occurring external motivation.
MECHANICALLY ACTIVATED SIGNSAnimated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
ARCHITECTURAL PROJECTIONAny projection that is not intended for occupancy and that extends beyond the face of an exterior wall of a building, but that does not include signs as defined herein. See also "awning," "back-lit awning," and "canopy, attached and freestanding."
AWNINGAn architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or nonrigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated by fluorescent or other light sources.
AWNING SIGNA sign displayed on or attached flat against the surface or surfaces of an awning. See also "wall" or "fascia sign."
BACK-LIT AWNINGAn awning with a translucent covering material and a source of illumination contained within its framework.
BACK-TO-BACK SIGNA single structure having two parallel and directly opposite faces, oriented in opposite directions and spaced no more than 10 feet apart.
BANNERA flexible substrate on which copy or graphics may be displayed.
BANNER SIGNA sign utilizing a banner as its display surface.
BILLBOARDA 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 business at a location other than the premises on which the sign is placed.
[Amended by Ord. No. 832-18, 2/26/2018]
BUSINESS SIGNA sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed. Signs offering premises for sale, rent or development, or advertising the services of professionals or building trades during construction or alteration, shall be deemed a "business sign."
CANOPY SIGN (ATTACHED)A multisided overhead structure or architectural projection supported by attachments to a building on one or more sides and either cantilevered from such building or also supported by columns at additional points. The surface(s) and/or soffit of an attached canopy may be illuminated by means of internal or external sources of light. See also "marquee."
CANOPY SIGN (FREESTANDING)A multisided overhead structure supported by columns but not enclosed by walls. The surface(s) and or soffit of a freestanding canopy may be illuminated by means of internal or external sources of light.
CANOPY SIGNA sign affixed to the visible surface(s) of an attached or freestanding canopy. For reference, see § 27-510, Subsection 3.
CHANGEABLE SIGNA sign with the capability of content change by means of manual or remote input, including signs which are:
MANUALLY ACTIVATEDChangeable sign whose message copy or content can be changed manually.
ELECTRICALLY ACTIVATEDChangeable sign whose message copy or content can be changed by means of remote electrically energized on-off switching combinations of alphabetic or pictographic components arranged on a display surface. Illumination may be integral to the components, such as characterized by lamps or other light-emitting devices; or it may be from an external light source designed to reflect off the changeable component display. See also "electronic message sign or center."
COMBINATION SIGNA sign that is supported partly by a pole and partly by a building structure.
COMMUNITY SIGNTemporary, on- or off-premises signs, generally made of a woven material or durable synthetic materials primarily attached to or hung from light poles or on buildings. These signs are solely of a decorative, festive and/or informative nature, announcing activities, promotions or events with seasonal or traditional themes having broad community interest, and which are sponsored or supported by a jurisdiction-based nonprofit organization.
COPYThose letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, excluding numerals identifying a street address only.
DIRECTIONAL SIGNAny sign that is designed and erected for the purpose of providing direction and/or orientation for pedestrian or vehicular traffic, not herein defined as an official sign. These signs shall be limited to those signs that provide specific directional information for the traveling public to the following facilities: food services, lodging, gasoline and automotive services, truck stops, campgrounds, resorts, tourist attractions, natural wonders, libraries, scenic and historical sites and areas of outdoor recreation. Identification of destination will be by generic logo only. Signs with specific name of enterprise may be used only on a temporary basis during special event with the approval of the Zoning Officer.
DOUBLE-FACED SIGNA sign with two faces, back to back.
ELECTRIC SIGNAny sign activated or illuminated by means of electrical energy.
ELECTRONIC MESSAGE SIGN OR CENTERAn electrically activated changeable sign whose variable message capability can be electronically programmed.
EXTERIOR SIGNAny sign placed outside a building.
FASCIA SIGNSee "wall sign."
FLASHING SIGNSee "animated sign, electrically activated."
FREESTANDING SIGNA sign principally supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles or braces placed in or upon the ground. For visual reference, see Figure 510.2.1(1).
GROUND SIGNSee "freestanding sign."
ILLUMINATED SIGNA sign characterized by the use of artificial light, either projecting through its surface(s) (internally illuminated); or reflecting off its surfaces(s) (externally illuminated).
INTERIOR SIGNAny sign placed within a building, but not including "window signs" as defined by this Part. Interior signs, with the exception of window signs as defined, are not regulated by this Part.
MARQUEESee "canopy (attached)."
MARQUEE SIGNSee "canopy sign."
MENU BOARDA freestanding sign oriented to the drive-through lane for a restaurant that advertises the menu items available from the drive-through window and which has no more than 20% of the total area for such a sign utilized for business identification.
MULTIPLE-FACED SIGNA sign containing three or more faces.
NONCONFORMING SIGNA sign or sign structure or portion thereof lawfully existing at the time this code became effective, which does not now conform.
OBSOLETE SIGNA sign or sign copy associated with a business no longer operated at the particular location of the sign. Obsolete signs are further classified into one of two types: conforming obsolete sign and nonconforming obsolete sign. In the case of a nonconforming obsolete sign, when said sign use has been discontinued for a period of 18 consecutive months (same as for a nonconforming use or building), the nonconforming sign cannot be put back into use, and the sign framework shall be removed by the property owner.
OBSOLETE SIGN COPYAny sign copy that no longer advertises or identifies a use conducted on the property on which said sign is erected.
OFFICIAL SIGNS AND NOTICESSigns and notices erected and maintained by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to federal, state or local law and erected by state or local governmental agencies or nonprofit historical societies.
OFF-PREMISES SIGNSee "billboard."
[Amended by Ord. No. 832-18, 2/26/2018]
ON-PREMISES SIGNA sign erected, maintained or used in the outdoor environment for the purpose of the display of messages appurtenant to the use of, products sold on, or the sale or lease of, the property on which it is displayed.
OUTDOOR ADVERTISING SIGNSee "billboard."
[Amended by Ord. No. 832-18, 2/26/2018]
POLE SIGNSee "freestanding sign."
POLITICAL SIGNA temporary sign intended to advance a political statement, cause or candidate for office. A legally permitted outdoor advertising sign shall not be considered to be a political sign.
PORTABLE SIGNAny sign not permanently attached to the ground or to a building or building surface.
PROJECTING SIGNA sign, other than a wall sign, that is attached to or projects more than 18 inches (457 mm) from a building face or wall or from a structure whose primary purpose is other than the support of a sign. For visual reference, see Figure 510.2.1(3).
PUBLIC SERVICE SIGNSSigns located on bus stop shelters which: identify the donor, sponsor or contributor of the shelters; contain public service safety slogans or messages, which shall occupy not less than 50% of the area of the sign; contain no other message; are located on bus stop shelters that are authorized or approved by Borough, county or state law, regulation or ordinance and at places approved by the Borough, county or state law, or other agency controlling the highway involved; and may not exceed 32 square feet in area. Not more than one sign on each shelter shall face in any one direction.
REAL ESTATE SIGNA temporary sign advertising the sale, lease or rental of the property or premises upon which it is located.
REVOLVING SIGNA sign that revolves 360° about an axis. See also "animated sign, mechanically activated."
ROOF SIGNA sign mounted on, and supported by, the main roof portion of a building, or above the uppermost edge of a parapet wall of a building, and which is wholly or partially supported by such a building. Signs mounted on mansard facades, pent eaves and architectural projections such as canopies or marquees shall not be considered to be roof signs. For a visual reference example of a roof sign, and a comparison of differences between roof and fascia signs, see § 27-510, Subsection 3.
[Amended by Ord. No. 832-18, 2/26/2018]
SERVICE CLUB AND RELIGIOUS NOTICESSigns and notices, whose erection is authorized by law, relating to meetings of nonprofit services clubs or charitable associations, or religious services, which signs do not exceed eight square feet in area.
SIGN AREAThe area of the smallest geometric figure, or the sum of the combination of regular geometric figures, which comprise the sign face. The area of any double-sided or V-shaped sign shall be the area of the largest single face only. The area of a sphere shall be computed as the area of a circle. The area of all other multiple-sided signs shall be computed as 50% of the sum of the area of all faces of the sign.
SIGN COPYThose letters, numerals, figures, symbols, logos and graphic elements comprising the content or message of a sign, exclusive of numerals identifying a street address only.
SIGN FACEThe surface upon, against or through which the sign copy is displayed or illustrated, not including structural supports, architectural features of a building or sign structure, nonstructural or decorative trim, or any areas that are separated from the background surface upon which the sign copy is displayed by a distinct delineation, such as a reveal or border. See § 27-510, Subsection 3.
In the case of panel- or cabinet-type signs, the sign face shall
include the entire area of the sign panel, cabinet or face substrate
upon which the sign copy is displayed or illustrated, but not open
space between separate panels or cabinets.
In the case of sign structures with routed areas of sign copy,
the sign face shall include the entire area of the surface that is
routed, except where interrupted by a reveal, border, or a contrasting
surface or color.
In the case of signs painted on a building, or individual letters
or graphic elements affixed to a building or structure, the sign face
shall comprise the sum of the geometric figures or combination of
regular geometric figures drawn closest to the edge of the letters
or separate graphic elements comprising the sign copy, but not the
open space between separate groupings of sign copy on the same building
or structure.
In the case of sign copy enclosed within a painted or illuminated
border, or displayed on a background contrasting in color with the
color of the building or structure, the sign face shall comprise the
area within the contrasting background, or within the painted or illuminated
border.
SIGN STRUCTUREAny structure supporting a sign.
TEMPORARY SIGNA sign intended to display either commercial or noncommercial messages of a transitory or temporary nature. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs; limited to 30 days in any six-month period.
[Amended by Ord. No. 832-18, 2/26/2018]
UNDER-CANOPY SIGN or UNDER-MARQUEE SIGNA sign attached to the underside of a canopy or marquee.
SIGN— Signs containing two faces of approximately equal size, erected upon common or separate structures, position in a "V" shape with an interior angle between faces of not more than 90°, with the distance between the sign faces not exceeding five feet (1,524 mm) at their closest point.
WALL OR FASCIA SIGNA sign that is in any manner affixed to any exterior wall of a building or structure and that projects not more than 18 inches (457 mm) from the building or structure wall, including signs affixed to architectural projections from a building, provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed. For visual reference and comparison examples of differences between wall or fascia signs and roof signs, see § 27-510, Subsection 3.
WINDOW SIGNA sign affixed to the surface of a window with its message intended to be visible to and readable from the public way or from adjacent property.
A plan that outlines the use and development of any tract
of land.
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 53 P.S. § 10901 et seq. Special exception uses are listed by zoning district and are to be decided by the Zoning Hearing Board in accordance with the requirements of § 27-803E of this chapter.
That portion of building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished floor level directly above a usable or
unused under-floor space is more than six feet (1,829 mm) above grade,
as defined herein, for more than 50% of the total perimeter or is
more than 12 feet (3,658 mm) above grade, as defined herein, at any
point, such usable or unused under-floor space shall be considered
as a story.
Any thoroughfare or public way not less than 16 feet (4,877
mm) in width which has been dedicated; includes: alley, avenue, boulevard,
road, highway, freeway, parkway, lane, viaduct or any other ways used
or intended to be used by vehicular traffic or pedestrians, whether
public or private.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence for
the street in question.
A right-of-way or easement in private ownership, not dedicated
or maintained as a public street, which affords the principal means
of access to two or more sites.
That which is built or constructed; an edifice or building
of any kind or any piece of work artificially built up or composed
of parts joined together in some definite manner with permanent sides
other than fabric and screen is subject to zoning requirements.
ACCESSORY STRUCTUREA structure detached from the principal building, located on the same lot and customarily incidental and subordinate to the principal building or use. An accessory structure shall not contain habitable space.
HABITABLE STRUCTURE/SPACEA structure or space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space and similar areas are not considered habitable space. This definition will continue to allow bathrooms and toilet facilities in garages and pool houses.
NONHABITABLE STRUCTURESCarports, sheds, garages, gazebos, pavilions, animal enclosures or other structures not designed or intended to be used primarily as a structure for living, sleeping, eating or cooking.
PRINCIPAL STRUCTUREA structure associated with a principal/primary use on a lot.
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
dwellings, shall be exempted.
A self-storage container, typically aluminum or steel boxes,
POD fully enclosed and delivered to site by a transport vehicle with
a hydraulic lift and designed to be left for a limited period of time
and to be picked up by the transport vehicle and moved to the transport
companies warehouse or to the customer's destination for unloading.
[Amended by Ord. No. 832-18, 2/26/2018]
A building used primarily for the presentation of live stage
productions, performances or motion pictures.
The temporary storage of vehicles that have been towed, carried,
hauled, or pushed from public or private property for impoundment
in a public or private impound yard. This use does not include "automotive
sales and service" or a vehicle recycling facility:
[Added by Ord. No. 832-18, 2/26/2018]
The activity occurring on a lot or parcel for which land
or a building is arranged, designed or intended, or for which land
or a building is or may be occupied, including all accessory uses.
ACCESSORY USEA use customarily incidental and subordinate to the principal use of building and located on the same lot with this principal use of building.
PRINCIPAL USEA use that fulfills a primary function of a household, establishment, institution or other entity.
TEMPORARY USEA use that is authorized by this chapter to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
A permit issued by the Zoning Officer certifying a use is
in compliance with information reflected on the building permit and
in this chapter.
The change within the classified use of a structure or premises.
A use that lawfully occupied a building or land at the time
this chapter became effective, which has been lawfully continued and
which does not now conform with the use regulations.
A deviation from the height, bulk, setback, parking or other dimensional requirements established by this chapter; relief granted pursuant to the provisions of Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. Variance requests are heard before the Zoning Hearing Board in accordance with § 27-803D
The outside storage of, or use of property as a storage yard
for, operative or inoperative automobiles or trucks; or junkyard,
salvage yard, tow truck service, or wrecker service, which may include,
but is not limited to:
[Added by Ord. No. 832-18, 2/26/2018]
The outside storage of two or more used vehicles, or used vehicle
parts, regardless of completeness, operational ability, condition,
time frame, or reasons, or
Storage of any number of used vehicles or used vehicle parts
for the purpose of dismantling, stripping, salvaging or selling all
or part of the vehicle, except that the storage of any number of vehicles
or equipment within the confines of an enclosed building shall not
constitute a vehicle recycling facility and shall not be required
to comply with the design guidelines and site requirements of this
chapter. All other site requirements of the underlying zone in which
the facility is located will apply. Notwithstanding any provisions
of this chapter to the contrary, "vehicle recycling facility" does
not include "automotive sales and service" as otherwise defined in
this chapter.
A building or premises in which goods, merchandise or equipment
are stored for eventual distribution.
An open, unoccupied space on a lot, other than a court, which
is unobstructed from the ground upward by buildings or structures,
except as otherwise provided in this chapter.
REQUIRED FRONT YARDA yard extending across the full width of the lot, the depth of which is the minimum horizontal distance as established in a particular zoning district between the front lot line and the building setback line.
REQUIRED SIDE YARDA yard extending across the full length of the lot, the depth of which is the minimum horizontal distance as established in a particular zoning district between the side lot line and the building setback line.
REQUIRED REAR YARDA yard extending across the full width of the lot, the depth of which is the minimum horizontal distance as established in a particular zoning district between the rear lot line and the building setback line.
Hamburg Borough's Zoning Map.
The agent or official designated by the Borough Council to
administer and enforce this chapter.
Hamburg Borough's Zoning Ordinance 445, 2/4/1974, as
amended by Ordinance 492, 4/2/1979; Ordinance 680, 12/28/1998; and
by Ordinance 725 of 2004.[2]
A permit stating that the purpose for which land or a structure
is to be used is in conformity with the uses permitted and all other
requirements under this chapter for the zone in which it is to be
located.
