[Ord. 206, 2/4/1985; as amended by Ord. 243, 2/27/1996; by
Ord. 271, 12/26/2002; by Ord. 295, 11/8/2005; and by Ord. 328, 3/10/2015]
1.Â
For the purpose of this chapter, certain words and phrases are defined
in this section, but such definitions shall not be held to modify
or affect in any way the legal interpretations of such words and phrases
where used in other ordinances or codes of the Borough of Middleburg.
2.Â
Words used in the present tense include the future; the singular number includes the plural, and the plural, the singular; the word "building" includes the word "structure," the word "occupied" includes the words "designed or intended to be occupied," and the word "used" includes the words "arranged, designed or intended to be used." Words not defined in Subsection 3 shall have the meanings given in Webster's Unabridged Dictionary.
3.Â
ACCESSORY BUILDING
ACCESSORY USE
ADVERTISING SIGN
AREA
BACHELOR UNIT (EFFICIENCY OR STUDIO UNIT)
BASEMENT
BILLBOARD
BOARD
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LINE
CARE FACILITY, GROUP
CARTWAY
COMBINATION DWELLING
DECISION
DETERMINATION
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY ATTACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, SINGLE-FAMILY SEMIDETACHED
DWELLING UNIT
EFFICIENCY UNIT
FAMILY
FLOOR AREA or GROSS FLOOR AREA
FLOOR AREA RATIO (FAR)
GARAGE, PRIVATE
GARAGE, PUBLIC
HABITABLE ROOM
HOTEL
HOUSEKEEPING UNIT
ILLUMINATION
LOT
LOT AREA
LOT FRONTAGE
LOT MEASUREMENTS
A.Â
B.Â
LOT OF RECORD
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MUNICIPAL AUTHORITY
MUNICIPAL FACILITY
NO-IMPACT HOME-BASED BUSINESS
A.Â
B.Â
C.Â
D.Â
E.Â
F.Â
G.Â
H.Â
NONCONFORMING LOT
NONCONFORMING SIGN
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICE OF A GENERAL BUSINESS NATURE
OFF-STREET PARKING
PARCEL
PARKING FACILITY
PARKING LOT, COMMERCIAL
PARKING LOT or COMMUNITY GARAGE
PARKING LOT, RESTRICTED BUSINESS
PARK, PLAYGROUND or GAME COURT
A.Â
B.Â
C.Â
D.Â
PLAT
POOL, SWIMMING
A.Â
B.Â
C.Â
D.Â
POOL, WADING
A.Â
B.Â
C.Â
D.Â
PORCH
PORCH, ENCLOSED
PORCH, UNENCLOSED
PRINCIPAL BUILDING
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC STREET OR ALLEY
REPAIR
REPORT
ROOMING (BOARDING) HOUSE
ROOMING UNIT (BOARDING UNIT)
SCHOOL, NONPROFIT
SCHOOLS and EDUCATIONAL SERVICES
SERVICES TO DWELLINGS AND OTHER BUILDINGS
SETBACK LINE
SETBACK, SIGN
SIGHT TRIANGLE
SIGN
SIGN, ABANDONED
SIGN, AWNING
SIGN, BANNER
SIGN, CANOPY
SIGN, CONSTRUCTION
SIGN, DIRECTORY
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, GOVERNMENT
SIGN, GROUND-MOUNTED
SIGN, LOGO
SIGN, LUMINOUS
SIGN, MARQUEE
SIGN, OFF-PREMISES
SIGN, ON-PREMISES
SIGN, POLE
SIGN, POLITICAL
SIGN, PORTABLE
SIGN, PROJECTING
SIGN, PUBLIC INTEREST
SIGN, REAL ESTATE
SIGN, ROOF
SIGN TYPE
A.Â
B.Â
C.Â
D.Â
SIGN, VEHICULAR
SIGN, WALL
SIGN, WINDOW
SPECIAL EXCEPTION
STATION, CHARTER BUS, INTERBOROUGH BUS, LOCAL BUS AND MASS TRANSIT
PASSENGER
STORY
STREET
STRUCTURE
STUDIO UNIT
SUBDIVISION
TEMPORARY HOUSING
A.Â
B.Â
C.Â
D.Â
E.Â
TERMINAL, MOTOR OR RAILROAD FREIGHT
USE
USE PERMITTED BY RIGHT ("X")
USE PERMITTED BY SPECIAL EXCEPTION ("S")
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
The followings words and phrases shall have the meanings given in
this subsection, as follows:
A building located on the same lot as and customarily incidental
and subordinate to the principal building or structure.
The utilization of a building or lot or a portion of a building
or lot for a use which is customarily incidental and subordinate to
the principal use of the building or lot.
See definition for "sign."
See "building area," "gross floor area," or "lot area."
One or more habitable rooms which are let as a single housekeeping
unit to not more than three persons.
That portion of a building which is partly, but less than
half the floor-to-ceiling height, below the average grade adjoining
the building (as distinguished from "cellar," which means a story
more than half below grade). The "basement" is counted as a story
for the purposes of determining building height.
See "sign, off-premises."
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A structure enclosed and isolated by exterior walls and a
roof, constructed or altered to be used for residential, commercial,
industrial or private purposes or accessory thereto. Where the context
requires, the word "building" shall be construed as though followed
by the words "or parts or parts thereof."
The maximum horizontal projected area of a building or structure
at or above grade, excluding cornices, eaves, gutters, unenclosed
porches, terraces, balconies or steps.
That portion of the lot covered or occupied by the building
area.
The vertical distance measured from the average grade level
of the building site covered by the building to the highest point
of the roof adjacent to the front wall for flat roofs or the deck
of mansard roofs or the mean height between the eaves and ridge for
gable, hipped or gambrel roofs.
A line which connects the points of intersection of the interior front, rear and side yard lines and is generally equal to or greater than the percent of maximum building coverage for the particular zoning district in question; the area contained within the building line is the permitted building area, subject to the requirements established within § 27-503 and the Table of Height, Area and Bulk Regulations located at the end of this chapter. The accompanying diagram illustrates the location of the building line on a rectangular lot.
A facility, which is licensed and inspected by an agency
of the state, which provides residential services to at least six
residents who are handicapped, developmentally disabled, mentally
ill or retarded; including residents who are serving the sentence
of a court of law, but not requiring or receiving skilled or intermediate
nursing care or psychiatric or correctional treatment normally provided
in an institutional setting, including rehabilitation homes.
The portion of a street right-of-way which is paved, improved,
designated or intended for vehicular traffic.
A building containing an aggregate of dwelling, rooming or
bachelor units totaling three or more.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Borough
lies.
A building arranged, intended or designed to be occupied
by three or more dwelling units.
A building designed for and used exclusively as a residence
for only one family and having a party wall on each side common with
an adjacent building, except at the ends of a row of three or more
attached dwellings.
A building designed for and used exclusively as a residence
for only one family and having no party wall in common with an adjacent
building.
A building designed for and used exclusively as a residence
for only one family and having one party wall in common with an adjacent
building.
A group of habitable rooms (two or more) designed for or
occupied by not more than one family as a single housekeeping unit,
whether occupied or unoccupied.
See "bachelor unit."
A single person occupying a dwelling unit and maintaining
a household; two or more persons related by blood, marriage, foster
relationship or adoption occupying a dwelling unit, living together
and maintaining a common household, including not more than one boarder,
roomer or lodger; or not more than three unrelated persons occupying
a dwelling unit, living together and maintaining a common household
(group quarters). Domestic servants employed on the premises may be
housed on the premises without being counted as a family or families.
The sum of the area of the several floors of a building,
as measured from the exterior faces of the walls, but excluding cellars
or attics not used or intended to be used for human occupancy or other
use. In the case of a building used or intended to be used as a commercial
establishment, cellars or attics not utilized or intended to be utilized
by persons other than employees of the commercial establishment shall
be ignored when computing the floor area or gross floor area.
The ratio of the gross floor area to the lot area. In equation
form, expressed as:
FAR
|
=
|
Gross Floor Area
Lot Area
|
A garage accessory to a principal building, either attached
to said principal building or as a separate accessory use, used for
storage purposes only and in which no business, service or industry,
connected directly or indirectly, is conducted.
Any garage, other than a private garage, which is available
to the public and is used for storage of automobiles or other motor
vehicles.
A room or enclosed floor space used or intended to be used
for living, sleeping, cooking or eating purposes, excluding bathrooms,
water closet compartments, laundries, foyers, pantries, communicating
corridors, stairways, closets, basement recreation rooms and storage
spaces.
A building containing 25 or more rooming units offering sleeping
facilities and which provides twenty-four-hour service for receiving
and assisting guests.
One or more habitable rooms within a building which contains
living, sleeping, cooking and eating facilities.
The constant supply of light that allows a sign to be visible
in dim or dark conditions.
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.
The lot area contained within the lot lines, excluding space
within all streets and alleys, but including the area contained in
any easement, and generally expressed in acres or square feet.
The portion of the building line or front yard line adjacent
to a public street.
DEPTH OF LOTConsidered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
WIDTH OF A LOTConsidered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of a cul-de-sac, where a minimum lot frontage of 40 feet for single-family detached dwellings and 25 feet for single-family semidetached dwellings shall apply.
A platted lot which is part of a subdivision recorded in
the office of the Recorder of Deeds or a lot or parcel described by
metes and bounds, the description of which has been so recorded.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel, or contiguous parcels, of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[1]
A building, structure or improvement for municipal use or
services.
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 must 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, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A sign which does not conform to the regulations of the district
in which it is located.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
Offices or agencies which conduct service establishments,
with or without a stock of goods, such as, but not limited to, clothing
rental, porter service, notary publics, real estate offices, detective
agencies, telephone message service, redemption of merchandise coupons,
furnace cleaning and similar service establishments.
See "garage, private," "garage, public," "parking lot, commercial,"
"parking lot or community garage," or "parking lot, restricted business."
See "lot" or "lot of record."
See "garage, private," "garage, public," "parking lot, commercial,"
"parking lot or community garage," or "parking lot, restricted business."
Any tract of land which is used for the storage of motor
vehicles and is not accessory to any other use on the same or any
other lot and contains parking space rented to the general public
or reserved for a group of individuals by the hour, day, week, month
or year.
An accommodation for the parking of motor vehicles on a lot
or in a garage provided for restricted use in connection with a housing
development or private residences, whether cooperatively established
and operated or not.
An accommodation for the parking of a motor vehicle on a
lot provided for restricted use in connection with a particular business
or private enterprise, whether cooperatively established and operated
or not.
An open-air recreational facility which is not accessory
to any other use on the same or any other lot, but excluding amusement
parks and playgrounds, and further defined below:
PARK, PLAYGROUND, OR GAME COURT, COMMERCIALRecreational facilities operated as a business and open to the general public for a fee.
PARK, PLAYGROUND OR GAME COURT, RESTRICTEDRecreational facilities for restricted use in conjunction with a particular nonprofit organization and open only to its members and guests.
PARK, PLAYGROUND OR GAME COURT, PRIVATERecreational facilities operated for restricted use in conjunction with a particular housing development or private residences and open only to the residents and guests of said developments or private residences.
PARK, PLAYGROUND OR GAME COURT, PUBLICRecreational facilities operated as a nonprofit enterprise by a governmental or nonprofit organization and open to the general public.
A map or chart indicating the subdivision or resubdivision
of land, intended to be filed for record.
A body of water of artificial construction, either indoors
or outdoors, used for swimming or recreative bathing, together with
the sides or bottom of the pool, buildings, equipment and appurtenances,
being over 30 inches in depth any place in the pool.
PRIVATE SWIMMING POOLA swimming pool used only by the owner of the pool and friends as an accessory use at a private residence.
PUBLIC SWIMMING POOLAny swimming pool other than a private swimming pool, public or semipublic in character.
CLUB SWIMMING POOLA public swimming pool used by a group or institution on a noncommercial basis or on a municipality basis for members and friends only.
COMMERCIAL SWIMMING POOLA public swimming pool which is located on land not publicly owned and operated on a commercial basis or primarily for private gain.
A body of water of artificial construction, either indoors
or outdoors, used for wading or other aquatic recreation, together
with the sides and bottom of the pool, buildings, equipment and appurtenances
of such pool, being not over 30 inches in depth in any place in the
pool.
PRIVATE WADING POOLA wading pool used only by the owner of the pool and friends as an accessory use at a private residence.
PUBLIC WADING POOLAny wading pool other than a private wading pool, public or semipublic in character.
CLUB WADING POOLA wading pool used by a group or institution on a noncommercial basis for members and friends only.
COMMERCIAL WADING POOLA public wading pool which is located on land not publicly owned and operated on a commercial basis or primarily for private gain.
A roofed-over structure projecting from the front, side or
rear wall of a building.
A porch which contains jalousies, permanent glass or louvered
windows, screens, panels or any other material on one or all of its
sides projecting from the building.
A porch that is not enclosed in any way by screens, glass,
panels or other material, with the exception of a balustrade or railing
not to exceed three feet in height above the floor of such porch.
A building in which is conducted the principal use of the
lot on which it is situated. In any residential district, any structure
containing a dwelling unit shall be deemed to be the "principal building"
on the lot on which such building is situated.
Includes:
A formal meeting, held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A street or alley designated on the Official Borough Street
Plan, whether dedicated and opened or not, for the Borough of Middleburg.
Any construction which replaces materials but does not change
the height, number of stories, size or location of a building or other
structure.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A building or part thereof designed for and occupied as a
residence containing one or more rooming units and in which resides
the owner of said building or his authorized agent.
A building or part thereof in which a room or rooms intended
to be used for living and sleeping, but not for cooking and eating
purposes, is/are let to one or more persons.
A public school, parochial school or school, either elementary
or secondary, recognized under the education laws of the state.
A business college, trade school, music conservatory, art
or dance school or similar organization offering training in a specific
field.
An establishment engaged in furnishing specialized services,
such as, but not limited to, janitorial service, floor waxing, office
cleaning, window cleaning, disinfecting and exterminating services,
to dwellings and other buildings.
A line drawn parallel with the street line and being drawn
a distance therefrom by the amount of the required front yard for
the district in question. For a corner lot possessing frontage on
two public streets, the "setback lines" shall be determined by the
following standards:
The shortest horizontal distance from the property line or
right-of-way to the nearest point (leading edge) of the sign or its
supporting member, whichever is nearest to the property line or right-of-way.
A triangular-shaped portion of land established at intersections
in which nothing may be erected, placed, planted, or allowed to grow
in such a manner as to limit or obstruct the sight distance of motorists
entering or leaving the intersection.
Any object, display or structure, or part thereof, which
is used to advertise, identify, display, direct, or attract attention
to an object, person, institution, organization, business, product,
service, event or location by any means, including words, letters,
figures, designs, symbols, fixtures, colors, illumination, or projected
images. The term "sign" does not include the flag of the United States
of America or the Commonwealth of Pennsylvania, works of art which
in no way identify a product or business, or scoreboards located on
athletic fields.
A sign erected on, or related to, the use of a property which
becomes vacant and unoccupied or any sign which relates to a time,
event, or purpose which is past.
A sign attached to, painted, or printed onto an awning, of
the hinged, roll, or folding type.
A sign intended to be hung, either with or without a frame,
possessing characters, letters, illustrations, or ornamentations applied
to plastic or fabric of any kind.
A sign attached to, painted, or printed onto a canopy. For
the purposes of this chapter, the permitted size of a canopy sign
will be calculated on the basis of the size of the building wall parallel,
or substantially parallel, to a street. It will, for measuring purposes,
be considered a wall sign.
A sign placed at a construction site identifying or announcing
the project or the name of the architect, engineer, contractor, financier,
or others involved in the development of the project.
A sign on which the names and locations of occupants or the
use of a building or property is identified.
A sign that uses an intermittent or flashing light source
or windblown and/or mechanically moved reflective material to attract
attention.
Any sign that is not affixed to a building and is securely
and permanently mounted in the ground. Such sign may include a ground,
pole or monument sign.
Any temporary or permanent sign erected and maintained for
any government purposes, other than signs placed on the premises of
a publicly owned building, structure or other land use, designed to
identify the public and land use. Examples of government signs include
speed limit signs, city limit signs, street name signs, and traffic
signs. Conversely, a sign placed on a public building, such as library,
school or public safety building, which identifies said building shall
not be considered a government sign.
Any sign which extends from the ground or which has supports
which place the bottom thereof less than two feet from the ground
directly beneath the sign.
A sign used by the Pennsylvania Department of Transportation
on limited access highways to direct motorists to nearby businesses
and services.
A sign illuminated through the use of phosphorescent or luminescent
paint or materials.
Any sign attached to a marquee for the purpose of identifying
a movie theater or similar place of entertainment.
A sign that draws attention to, provides direction, or communicates
information about a business, service or commodity that exists or
is conducted, sold, offered, maintained or provided at a location
other than the premises where the sign is located.
A sign that draws attention to or communicates information
about a business, service, commodity, accommodation, attraction, or
other enterprise or activity that exists or is conducted, sold, offered,
maintained or provided on the premises where the sign is located.
A detached sign erected and maintained on a freestanding
frame, mast, or pole and not attached to any building, but not including
ground-mounted signs. The bottom of such signs shall be greater than
two feet from the ground directly beneath the sign.
Any temporary sign pertaining to political views, an individual
seeking election or appointment to a public office, or a forthcoming
public election or referendum.
Any sign not permanently attached to the ground or other
permanent structure, including those signs which may be transported
to the site on wheels or a truck; signs constructed as or converted
to an A- or T-frame sign; or umbrellas used for advertising purposes.
Such sign, whether or not bolted to the ground, shall nonetheless
be deemed to be a "portable sign."
Any sign, other than a wall, awning, canopy, or marquee sign,
which is affixed to a building and is supported only by the wall on
which the sign is mounted.
A sign on private property that displays information pertinent
to the safety or legal responsibilities of the general public, such
as "Warning" and "No Trespassing" signs.
A sign that is used to offer for sale, lease, or rent the
premises upon which such sign is placed.
A sign erected or maintained in whole or in part upon or
over the roof or parapet of a building.
The purposes of the permitted sign types are defined as follows:
ADVERTISINGA sign which directs attention to a business, product, service, activity or entertainment not conducted upon or offered upon the premises where such sign is located.
BUSINESS IDENTIFICATIONA sign which indicates only the name and address of the building, occupant or management of the premises on which such a sign is situated.
ON-SITE ADVERTISINGA sign which directs attention to a business, profession, product, service, activity or entertainment sold or offered upon the premises where such sign is located.
PUBLICA sign erected by a public or semipublic agency to promote the general health, safety, morals or general welfare of the Borough.
Signs on parked vehicles visible from any street where the
sign on the vehicle is to advertise a product or to direct people
to a business or activity located on the same or other property. Vehicular
signs shall not include business logos, identification or advertising
on vehicles primarily used for other transportation purposes.
Any sign directly attached to an exterior wall of a building
or dependent upon a building for its support, with its exposed face
parallel or approximately parallel to the plane of the building or
structure on which it is placed. Signs directly painted on walls shall
be considered "wall signs."
A temporary or permanent sign which is oriented to the public
right-of-way and is located on the inside or outside of a window.
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.
and 10901 et seq.
A building (on a separate parcel) which is a regular stopping
place on a transportation route. Such a building is primarily for
the use of passengers.
That portion of a building wholly above ground, included
between the surface of any floor and the surface of the floor next
above, having a floor area that is 50% or more of the floor area of
the story immediately below and with a ceiling height of at least
seven feet.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
See "bachelor unit."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A structure or part thereof operated on a nonprofit basis
to house families or individuals who are victims of disasters, who
are affected through an act on the part of or on behalf of the Borough
other than the normal project relocation activities, and those persons
faced with bona fide emergency housing needs. The structure and its
operation must meet the following special conditions:
The structure must be maintained in a condition suitable to
the public health, welfare and safety of the community.
The building and its operation must be kept under constant supervision
by the nonprofit organization or its authorized agent, and the occupants
of the temporary housing facility shall be guests of the nonprofit
sponsor and shall not pay any rent and/or other financial consideration
for the right of occupancy.
The structure, in order to continue its temporary housing status,
must have a review and approval by the Zoning Hearing Board every
two years through the special exception process. The Zoning Hearing
Board, while considering the special exception either for a new facility
or for the renewal of an existing facility, shall determine that a
definite need exists for the continuance of an existing facility or
for the approval of a new facility prior to granting of the special
exception.
Further, in order to continue operation, the nonprofit sponsor
must comply with any further restrictions the Zoning Hearing Board
may deem necessary.
The use of any structure for temporary housing is also subject
to any other applicable Borough codes or ordinances dealing with housing.
Prior to the granting of the special exception, the Zoning Hearing
Board shall request and receive the approval of the Department of
Public Safety.
A building (on a separate parcel) which serves as the end
of a freight carrier line, including its handling and storage facilities.
The application of a building or lot for a particular purpose,
being one or several of the uses as itemized under Part 5, Schedule
of District Regulations, Table of Permitted Uses.
A use which would not be detrimental to the public health,
safety, morals, order, comfort, convenience, appearance, prosperity
or general welfare in any portion of a particular zoning district
where such use is permitted.
A use that, where specified, would not be appropriate generally or without restriction through a particular zoning district, but which, if controlled as to its relationship and compatibility with the general neighborhood as outlined under § 27-1105, would not be detrimental to the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare of the zoning district. As used in this chapter, a special exception may be permitted only where specified under Part 5, Schedule of District Regulations, Table of Permitted Uses, located at the end of this chapter, and any such use meets the requirements of § 27-1105 prior to Zoning Hearing Board approval. In no case shall a special exception be granted for the establishment of a use otherwise prohibited, nor shall a special exception be granted because of the presence of nonconformities within a particular zoning district or adjoining zoning districts.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
A required open space unoccupied and unobstructed by any
structure or portion of a structure from 30 inches above the general
ground level of the graded lot upward; provided, however, that fences
and walls may be permitted in any yard, subject to height limitations
as indicated under Part 6, Additional Regulations. The accompanying
diagram illustrates the location of front, rear and side yards on
a rectangular lot.
A yard extending between side lot lines between the front
building line and the street line across the front of a lot, and being
the required setback line or building setback line.
A yard extending between side lot lines between the rear
building line and the rear lot line across the back of the lot.
A yard extending from the rear line of the required front
yard to the rear line of the required rear yard, being between the
side building line and the side lot line.
[1]
Editor's Note: See 53 Pa.C.S.A. § 5601 et seq.