City of Lock Haven, PA Terminology

Physically touching or bordering on another lot, use, or district boundary; or

AIRPORT-RELATED FACILITIES

Sharing a common boundary line. (See also "adjoining.")

ACCESS DRIVE

A permanent service way, other than a street, which provides vehicular access from a street or public road to a lot; such as a driveway.

[Added 5-16-2011 by Ord. No. 880]

ACCESSORY BUILDING

A building subordinate to and detached from the principal or main building on the same lot, used for the purposes customarily incidental to that of the main or principal building.

ACCESSORY USE

A use on the same lot with, and of a nature customarily incidental and subordinate to the principal use or the main building.

ADDITION

Any construction which increases the size of a building, such as a porch, attached garage or carport, or a new room or wing.

ADJOINING

For the purposes of this chapter, the term "adjoining" shall be defined as the sharing of all or part of a common lot line with another lot or parcel of land. (See also "abut.")

[Added 5-16-2011 by Ord. No. 880]

ADULT OTHER

Any other business or establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGENT

Any person, other than the landowner of a lot, who, acting under specific authorization of the landowner, submits plans, and/or applications to the Zoning Officer or other designated City official for the purpose of obtaining approval thereof.

[Added 5-16-2011 by Ord. No. 880]

AIRPORT

Except as otherwise specifically defined in the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq., any area of land or water which is used, or intended to be used, for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with all airport buildings and facilities thereon. As used herein, the term "airport" includes public airports, but excludes private airports and heliports.

AIRCRAFT ASSEMBLY AND REHABILITATIONAny facility designed and used for the assembly and rehabilitation of aircraft.

AIRCRAFT MAINTENANCE AND STORAGE HANGARA facility designed and used for the shelter and maintenance of aircraft.

AIRCRAFT SALESAn establishment involving display, sale, or rental of new and used aircrafts, including airplanes, helicopter, and other motor-powered and non-motor-powered aircrafts, including gliders.

AIRPORT OFFICEAny building in which one or more persons are employed in the management or direction of airport operations and maintenance.

AIRPORT PARKINGAn open area of land or structure, other than a street, owned and/or maintained by an airport used for the long-term or short-term parking of vehicles with or without a fee being charged and available to the public, or as an accommodation to employees, clients or customers, or for the storage of delivery vehicles and rental cars and the like.

AIRPORT SERVICE FACILITYA retail, professional and business office, hotel, business service, personal service establishment, or restaurant which are accessory uses to the operation of the airport, provide direct services to the traveling public and are located on the premises of or are directly related to an airport facility.

(7)

AIRPORT TERMINALAny building in which one or more persons are employed for airline ticketing, luggage checking facilities, restaurants, bars, retail shops, confections, post office, lot shipping facilities and janitorial services.

(8)

AIRPORT TRAFFIC CONTROL FACILITIESAny buildings, towers, observation decks, nav aids reserved for the communication and relay of aviation commands between ground operators and airborne vehicle operators.

ADULT-RELATED USES

A business or club that engages in one or more of the following areas of sales, services or entertainment:

ADULT BATH HOUSEAn establishment or business that provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor, physical therapist or similar professional licensed by the commonwealth.

ADULT BODY PAINTING STUDIOAny establishment or business that provides the service of applying paint or other substance, whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.

ADULT BOOKSTOREAny establishment that has 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 on depiction or description of specified sexual activities or specified anatomical areas; and

Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

ADULT CABARETA 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 MASSAGE ESTABLISHMENTAny establishment or business that 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, or a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA). This definition does not include an athletic club, health club, massage therapy establishment 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.

ANIMAL HOSPITAL/VETERINARY CLINIC

ADULT MINI-MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of less than 50 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 that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(7)

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 that meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder to issue and confer, a diploma.

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, that provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(9)

ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors or other image producing devices 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.

(10)

ADULT MOTION PICTURE THEATERAn 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 that is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.

(11)

ADULT NEWSRACKAny coin-operated machine or device that dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business that provides an out-call service that consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service, during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.

(14)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, that regularly features live performances that are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(15)

ADULT VIDEO STOREA commercial use that has 50% or more of its stock-in-trade consisting of video tapes, video discs, or both, which are distinguished or characterized by an emphasis, depiction or description of specified sexual activities or specified anatomical areas.

AISLE

The traveled way by which motor vehicles enter and depart parking spaces.

ALLEY

A minor right-of-way other than a local, collector, or arterial street providing secondary vehicular access to abutting property on the side or rear of one or more properties, not intended for general traffic circulation.

ALTERATIONS

As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities or an enlargement, whether by extending on a rear, front or side end or by increasing height or the moving from one location or position to another.

ALTERATIONS, STRUCTURAL

Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders.

AMENDMENT

A change in use in any zoning district which includes revisions to this chapter's text and/or the Official Zoning Map.

An establishment operated by a veterinary medical doctor(s), certified in the Commonwealth of Pennsylvania, for the medical or surgical treatment of domestic, agricultural or zoological animals, but excluding the boarding and grooming of animals not subject to medical or surgical treatment.

ANTENNA

Any arrangement of wires or metal rods used in sending and/or receiving of electromagnetic waves.

[Added 5-16-2011 by Ord. No. 880]

ANTENNA HEIGHT

The measurement of the overall vertical length of antenna and its support structure above the average finished grade. If such system is located on a building or other structure, the overall vertical length shall be measured and shall include the height of the building upon which the antenna and its structure is situated.

[Added 5-16-2011 by Ord. No. 880]

APPLICANT

A landowner or developer (as herein defined) who has filed an application for development including his personal representatives, heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit or for the approval of a subdivision plat or plan or for approval of a land development plan.

AUTHORITY

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]

AUTOMATED BANKING FACILITY

An establishment whereby automated devices that perform banking or financial functions are operated by the consumer or patron primarily for those who remain in their automobile, but may also be operated by those customers who walk up to the device.

AUTOMOBILE WRECKING, JUNK AND SCRAP STORAGE AND SALES ESTABLISHMENTS

An establishment used for the storage, collection, baling, packing, sorting, handling, disassembling, recycling, resource recovery, purchase or sale of any material which has been used, salvaged, scrapped or reclaimed, but is capable of being reused in some form including, but not limited to, metals, fiber, paper, cloth and rags, rubber, rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber, boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles which are inoperable and do not have a current and valid inspection sticker as required by the Commonwealth of Pennsylvania, and motor vehicle parts, but not including garbage or other organic wastes. No material which fails to meet this definition because it is discarded and incapable of being reused in some form shall be placed in any establishment as herein defined. In no district shall this use be considered to be accessory or incidental to another use.

AUTOMOBILE, HEAVY EQUIPMENT AND SIMILAR MOTOR VEHICLE RENTAL AND SALES

An establishment involving the indoor and/or outdoor display, sale, or rental of new and used cars, trailers, boats, heavy equipment, recreational vehicles, trucks, other similar motor vehicles, and mobile homes, and which may minor incidental mechanical repairs, state inspections, oil changes and lubrications, and tune-ups be conducted within an completely enclosed building as an accessory use, incidental to the principal use.

AUTOMOTIVE SERVICE STATION

An establishment where passenger motor fuel, oil, grease, batteries, tires, or automobile accessories are supplied and dispensed at retail, which may include making minor incidental repairs, state inspections, oil changes and lubrications, and tune-ups. This use specifically prohibits body work; straightening of body parts, painting, welding, storage of wrecked vehicles, automobile sales, and other major mechanical work is not permitted as part of this use. This definition excludes general convenience stores.

AUTOMOTIVE VEHICLE REPAIR CENTER

An establishment where major and minor mechanical work, servicing and repair of passenger vehicles is conducted as a primary activity. Included in this definition are:

Repair or overhaul of engines, transmissions, differentials, axles, spring, clutches, radiators, etc.;

Tire sale, repair, wheel balancing, and front-end alignment facilities;

Oil change establishments; and

Collision service, including body, fender and frame repair, welding, painting and refinishing and glass replacement body work.

CERTIFICATE OF NONCONFORMANCE

This use also permits the retail sale of automotive parts and accessories but prohibits the sale of fuel for retail purposes.

BANK

An establishment in which money is kept for saving or commercial purposes or is invested, supplied for loans or is exchanged. A bank may also provide financial counseling, planning, and services related to money management.

BASEMENT

A portion of building or space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 1/2 feet. A basement shall be counted as a story for living and occupancy purposes.

BEAUTY/BARBER SHOP

An establishment providing personal grooming services that may include hair cutting, coloring, facial, nail grooming, and ancillary uses such as tanning salons.

BED-AND-BREAKFAST

An establishment which is an accessory use to an owner-occupied single-family detached dwelling and/or its accessory structure that includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests and does not exceed the maximum number of overnight guests specified in Article XX of this chapter for this use; and that does not provide any cooking facilities for actual use by guests, and that only provides one meal to overnight guests, employees of the establishment and residents of the single-family detached dwelling. Overnight stays shall be restricted to transient guests, and employees of the establishment and their family. This use does not include a boarding house, group home, hotel or motel.

BLOCK

A unit of land bounded by streets or by a combination of streets and public land, rail rights-of-way, waterways or any other barrier to the continuity to development.

BOARDING HOUSE

A residential use of a building in which individual room(s) that do not meet the definition of a lawful dwelling unit; or a dwelling unit with an occupancy of more than four unrelated persons or group otherwise not meeting the definition of family in said dwelling unit; is rented for more than five consecutive days. A boarding house may either involve or not involve the provision of meals to residents, but shall not include a restaurant open to the public. This term shall not include those uses meeting the definition of bed-and-breakfast, group home, hotel, motel, or nursing home.

BUFFER YARD

An open area whose dimensions may coincide with the normal building setback or yard requirements used to protect low-density or low-intensity uses and zoning districts from adjacent higher-density or higher-intensity uses and districts.

BUILDING

A man-made structure enclosed within exterior walls or fire walls and a roof; built, erected and framed of component structural parts; designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind.

BUILDING AREA

The total of area, in square feet, of all floors, excluding basement, of the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.

BUILDING FOOTPRINT

The area of a building measured from the exterior surface of the exterior walls at grade level. Where a building is elevated above grade level, the building footprint is the area the building would cover if it were located at ground level.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade in front of the building where the address is taken to the top of the highest roof beams on flat or shed roofs, to the deck line of mansard roofs, and to the average distance between eaves and the ridge levels for gable, hip and gambrel roofs.

BUILDING SETBACK LINE

The line within the property defining the required distance between any principal or accessory building, and the adjacent street right-of-way or property line, and a line defining side and rear yards where required.

BUSINESS SERVICE

An establishment engaged in rendering services to businesses and offices on a fee or contract basis, including but not limited to advertising and mailing; data processing; secretarial; financial; photocopying; quick printing and fax; office supplies; building maintenance; equipment servicing, rental, leasing and sales; employment service; management and consulting services; and other similar business services.

CAFE/OUTDOOR DINING

An exterior seating area associated with a restaurant or a tavern/bar.

CAR WASH

An area of land and/or a structure with machine- or hand-operated facilities used principally for the interior and/or exterior cleaning, washing, polishing, or waxing of motor vehicles and where no repairs or sales of petroleum fuel or lubricants are performed. A car wash facility may or may not include accessory uses such as auto detailing.

CARPORT

A roofed structure providing space for the parking of motor vehicles in the same manner as a private garage, and enclosed on not more than three sides, and accessory to a principal or accessory building.

CARTWAY

That portion of the right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb or from one edge of driving surface to the other edge of driving surface.

CELLAR

A portion of a building or space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet.

CEMETERY

Any public or private lot, building or structure that is designed for and used for the burial of the deceased, including columbaria, crematoria, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof.

A certificate issued by the Zoning Officer which acknowledges the existence of a nonconforming use, structure or lot as of the effective date of the chapter, thereby authorizing its right to continue until eliminated or abandoned.

[Added 5-16-2011 by Ord. No. 880]

CERTIFICATE OF USE

The certificate, based on an inspection signed and issued by the City Zoning Officer, which permits the use of a building, structure or use of a lot in accordance with the approved plans and specifications and which certifies compliance with the provisions of this chapter for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.

CHANGE OF USE

A change of use existing within a building or on a lot to a new use which would be required to meet other provisions of the Zoning Ordinance.

[Added 5-16-2011 by Ord. No. 880]

CITY COUNCIL

The City Council of Lock Haven, Clinton County, Pennsylvania.

CITY PLANNING COMMISSION

The Planning Commission of the City of Lock Haven, Clinton County, Pennsylvania.

CLEAR SIGHT TRIANGLE

A triangular-shaped portion of land established at street intersections in which nothing is 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.

CLINIC

An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers, and where patients are not usually lodged overnight.

CLUB ROOM, CLUB GROUND, OR MEETING HALL, PRIVATE

An establishment within which a private club conducts recreational, social, administrative or athletic activities primarily not for profit, providing that any vending stands, merchandise or commercial activities are conducted only as required generally for the membership of such club. Private club, club rooms and meeting halls shall not be used for adult-related facilities.

COFFEEHOUSE

A retail food establishment whose primary business is the sale of coffee and other nonalcoholic beverages, and where food service such as the sale of baked or deli goods is secondary to the sale of beverages.

COMMERCIAL RECREATION

Any establishment operated as a gainful business whose main purpose is to provide the general public with an amusing or entertaining activity, and where tickets are sold or fees are collected for the activity:

INDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, swimming pool, dance or gymnastic instructional school, tennis courts, etc., when operated within a completely enclosed building. This use does not include a theater.

OUTDOOR COMMERCIAL RECREATIONAn establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, but also including amusement rides or regular live entertainment. This use excludes a park, golf course and an outdoor shooting range.

COMMON WALL

A shared wall between two separate structures, buildings, or dwelling units.[2]

COMPREHENSIVE PLAN

The official public document prepared in accordance with the Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.O. 805, No. 247, as amended and reenacted,[3] consisting of maps, charts and textual material, that constitutes decisions about the physical and social development of the City of Lock Haven as amended from time to time.

CONDITIONAL USE

A use permitted and approved by the City Council in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter. Procedures and criteria for granting approval shall comply with provisions of Article XXII of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.

CONDOMINIUM

A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a shared interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980[4] or Uniform Planned Community Act of 1996, as amended.[5]

CONTRACTOR'S YARD

An establishment of any general contractor or builder where equipment and materials are stored or where a contractor performs shop or assembly work but does not include any other yard or establishment otherwise defined or classified herein.

CONVENIENCE STORE

An establishment primarily engaged in the retail sale of frequently or reoccurring needed goods for household consumption.

GENERAL CONVENIENCE STOREA convenience store which generally includes the retail sale of fuel for passenger vehicles, oil, grease, automobile accessories, propane, kerosene, along with prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware.

CRAFTSMAN OR ARTISAN STUDIO

NEIGHBORHOOD CONVENIENCE STOREA convenience store which generally includes the retail sale of prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware. Neighborhood convenience stores generally shall not include fuel pumps or the selling of fuel for motor vehicles. Typical uses include neighborhood markets.

CORRECTIONAL FACILITY

A public or privately owned building or structure and related facilities used for the housing or detention of persons who have been charged with or have been convicted of criminal offenses.

COUNTRY CLUB/GOLF COURSE

A recreational facility operated by a public or private entity which has, as its principal use, facilities for playing golf and which may include one or more of the following accessory uses: a clubhouse, restaurant, locker rooms, pro shop, swimming pool and facilities for racquet sports.

COUNTY

Clinton County, Pennsylvania.

[Added 5-16-2011 by Ord. No. 880]

An establishment primarily engaged in the on-site production, display and sale of goods created on-site by hand manufacturing involving only the use of hand tools or domestic mechanical equipment not exceeding eight kilowatts. Typical uses include painting and other media-art, ceramics, fabric crafts, candle-making, and jewelry manufacturing. All such production associated with this use shall occur within a completely enclosed building.

CRIMINAL HOUSING FACILITY

[Added 7-11-2016 by Ord. No. 955]

A use (other than a "correction facility," "treatment center" or a "halfway house" as otherwise defined in this article) providing housing facilities for persons who require restricted or specialized housing because of their status as:

Inmates under sentence.

Inmates in prerelease status.

Parolees.

Court-adjudicated juveniles.

Such restricted or specialized housing shall include such uses as criminal rehabilitation facilities, criminal halfway houses, criminal transitional living facilities, criminal prerelease centers, community corrections housing facilities and juvenile facilities, but this definition excludes any uses otherwise specifically defined in this article, including housing facilities for persons convicted of driving under the influence of alcohol as defined under "treatment center."

CURATIVE AMENDMENT

A specific process provided in the Pennsylvania Municipalities Planning Code[6] whereby an individual landowner or the municipality may propose an amendment to cure or overcome a perceived invalidity of a zoning ordinance.

[Added 5-16-2011 by Ord. No. 880]

CURB CUT

The opening along the curbline at which point vehicles may enter or leave the roadway.

DAY CARE

The offering of care or supervision of persons under the age of 16, special needs adults in lieu of care or supervision by family members, or elderly persons. This definition does not include the offering of overnight accommodations.

DAY CARE, ACCESSORYAn accessory use to a dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. An accessory day care does not require zoning approval.

DAY CARE, COMMERCIALAn establishment operated as a gainful business which the care and supervision to more than six nonresidents of the site during any calendar day. Commercial day care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Department of Public Welfare of the Commonwealth of Pennsylvania.

DEVELOPMENTALLY DISABLED PERSON

DAY CARE, FAMILYAn accessory use to a single-family detached dwelling, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered with the Pennsylvania Department of Public Welfare of the Commonwealth of Pennsylvania.

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance 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 Clinton County.

[Added 5-16-2011 by Ord. No. 880]

DECK

A structure with or without sides projecting from the front, side or rear wall of a building.

DENSITY

A ratio of the number of dwelling units per acre which occupy, or may occupy, an area of land.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of the landowner, who makes or causes to be made a subdivision or land development.

[Added 5-16-2011 by Ord. No. 880]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of mobile home or manufactured housing; streets, and other paving; utilities; filling; grading and excavation; mining; dredging or drilling operations; storage of equipment or materials; and the subdivision of land.

[Added 5-16-2011 by Ord. No. 880]

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely, which disability is attributable to mental retardation, cerebral palsy, epilepsy or autism; is found to be attributable to any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons; or is attributable to dyslexia resulting from such disability.

A person with a developmental disability.

DORMITORY

See "university housing."

[Added 10-18-2010 by Ord. No. 863]

DRIVE-IN USE

An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits patrons and customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles, but also serve those customers who walk up to a window counter.

DRIVE-THROUGH

A portion of a business establishment depending on providing an access drive approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or a structure.

DRIVEWAY

A vehicular service way providing access between a street and a parking area or garage on a lot or property.

[Added 5-16-2011 by Ord. No. 880]

DWELLING

A building or portion thereof located on a permanent foundation and designed or used as the permanent living quarters for one or more families, not including those uses meeting the definition of boarding house, hotel, or motel.

DWELLING TYPE

DWELLING, MULTIFAMILYA building having three or more individual dwelling units, designed to be used or occupied as a residence by three or more families living independently of each other, located upon one lot. This term shall include those uses considered apartment buildings/houses and other similar-family residential buildings occupied for and used for individual dwelling units, but shall not include those uses meeting the definition of bed-and-breakfast, boarding house, group home, townhouse, row house, hotel, motel, or nursing home. Minimum floor area must comply with the most recent building code in effect at the time of erection.

DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE/ROW HOUSE)A building having only one dwelling unit accommodating a single family, attached to two or more dwelling units in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant party walls. Minimum floor area must comply with the most recent building code in effect at the time of erection.

DWELLING, SINGLE-FAMILY DETACHEDA building having only one dwelling unit accommodating a single family, upon one lot and having four yards (two sides, one front and one rear). Minimum floor area must comply with the most recent building code in effect at the time of erection.

DWELLING, SINGLE-FAMILY SEMIDETACHEDA building having only one dwelling unit accommodating a single family upon one lot and having three yards (one side, one front and one rear), attached to one other dwelling unit separated from any other unit by one common fire-resistant party wall and which each unit has its own front and rear access to the outside, no unit is located over another unit. Minimum floor area must comply with the most recent building code in effect at the time of erection.

DWELLING, TWO-FAMILYA building having two dwelling units upon one lot, accommodating two families and may be either: semidetached with one family living on either side of a common fire-resistant party wall; or with one family living over the other; each with its own exterior (to the unit) entrance door. Minimum floor area must comply with the most recent building code in effect at the time of erection.

EMERGENCY SERVICES FACILITY

RESIDENTIAL CONVERSION TO MULTIPLE DWELLING UNITSThe addition of one or more new individual dwelling unit(s) created within an existing building.

DWELLING UNIT

One or more room(s) which is designed and used exclusively as an individual unit of habitable residential living purposes of not more than one family, and includes separate cooking and sanitary facilities serving said individual unit, and which is accessible from the outdoors, either directly or by an access shared with other dwelling units.

An establishment used for the maintenance, fueling, storage, dispatching or parking of vehicles and/or equipment utilized to provided police, fire, rescue or ambulatory services.

ESSENTIAL SERVICE

The provision by public utilities, municipal or other governmental units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities, and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities or municipal or governmental units or for the public health, safety or general welfare.

FACADE

The front face or elevation of a building, often the side of the building facing the street.

FAMILY

An individual person, two or more persons related by blood, marriage, or adoption, or a group of not more than four persons who are not related by blood, marriage, or adoption living together in an individual dwelling unit as a single housekeeping unit. This term shall also include the number(s) of unrelated persons defined by and consider those living in a licensed group home and licensed group residence.

FARMERS/FLEA MARKET

An indoor and/or outdoor establishment used for the sale of assorted new and used goods by auctioneers or by vendors on a periodic basis.

FENCE

Any freestanding and uninhabitable structure constructed of wood, glass, metal, plastic materials, wire, wire mesh, or masonry, singly or in combination, erected for the purpose of screening or dividing one property from another to assure privacy, or to protect the property so screened or divided, or to define and mark the property line.

FILL

The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; or the material used to make a fill which is in turn used to elevate or floodproof a building or structure.

[Added 5-16-2011 by Ord. No. 880]

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building and its accessory buildings on the same lot measured from the exterior faces of walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage and the operation and maintenance of the building.

FLOOR AREA, GROSS LEASABLE

The sum of the floor area of the several floors of a building designed for the conduct of business and occupancy by an owner or tenant, as measured to the center of the interior joint walls and exterior of outside walls. For purposes of this definition, "gross leasable floor area" shall not include public or common areas such as utility rooms, stairwells, hallways or corridors, etc.

FLOOR AREA, HABITABLE

The sum of the floor area of the several floors of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, stairways, but not including basement, attic space, service rooms or areas such as utility rooms, unheated areas such as enclosed porches, nor rooms without at least one window or skylight opening onto an outside yard or court. At least 1/2 of the floor area of every habitable room shall have a ceiling height of not less than seven feet, and the floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the habitable floor area.

FOOD SERVICE FACILITY

An establishment in which food is processed and/or prepared on the premises, and may be sold on the premises. This term shall also include bakeries and catering establishments.

FORESTRY

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.

FUNERAL HOME

An establishment conducting embalming and cremation of the deceased prior to burial, but not including cemeteries, columbaria, mausoleums, entombments, and for the viewing of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE, PRIVATE

An enclosed or covered space used as an accessory use for the storage of one or more motor vehicles; provided, that no business, occupation or service is conducted for profit therein, nor space therein for more than one car is leased.

GARAGE, PUBLIC

A City-owned and/or operated building or structure where motor vehicles can be stored or parked for a prearranged fee.

GOVERNING BODY

The City Council of Lock Haven, Clinton County, Pennsylvania.

GREENHOUSE

A building whose sides and roof are made largely of glass or other transparent or translucent material, and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or personal enjoyment. (See also "plant nursery.")

[Added 5-16-2011 by Ord. No. 880]

HALFWAY HOUSE

A use (other than a "criminal housing facility" or "treatment center" as otherwise defined in this article) as a residence for those who have completed treatment at a rehabilitation facility but are not yet ready to return to independent living in the community and where residents participate in structured programs designated to ease successful reintegration into society.

[Amended 7-11-2016 by Ord. No. 955]

HEALTH AND FITNESS CLUB

An establishment that offers active indoor recreational activities, fitness activities, or both. Such activities are provided only to club members and their guests. Such facilities do not include any outdoor facilities, golf courses or other uses identified as indoor commercial recreation.

HOME IMPROVEMENT CENTER, LUMBER, BUILDING MATERIALS SALES FACILITY

An establishment providing for the sale of home, lawn, and garden supplies, lumber, and other similar building materials and products.

HOME OCCUPATION

A business or commercial activity, other than a no-impact home occupation, administered or conducted as an accessory use which is clearly secondary to the principal use of a single-family detached or single-family semidetached dwelling for gainful employment involving the manufacture, provision or sale of goods and/or services. The use is clearly incidental and secondary to the principal use of the single-family detached or single family semidetached dwelling for residential purposes and does not change the character thereof or adversely affect the uses permitted in the residential district of which it is a part.

HOSPITAL

An establishment licensed in the commonwealth as a hospital, which renders inpatient and outpatient medical care for a twenty-four-hour-per-day basis; and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all uses are contained upon the hospital property. A medical care use that does not provide overnight stays nor for periods longer than 24 continuous hours shall be considered a medical office. A treatment center shall also be permitted with a conditional use approval as an accessory use within an existing building of an existing permitted state-licensed general hospital within the Public Institutional District. Any expansion of such treatment center or any relocation from one building to another building shall require conditional use approval.

[Amended 7-11-2016 by Ord. No. 955]

HOTEL

An establishment which provides transient lodging accommodations to the general public in sleeping units which each have separate access to a common interior corridor and which may provide such additional supporting services such as restaurants, meeting rooms, recreation facilities and living quarters for a resident manager or proprietor.

HOUSEHOLD PETS

An animal that is normally or can generally be kept within the immediate living quarters of a residential structure. However, the keeping of horses as pets is permitted in accordance with the provisions in Article XX of this chapter.

HOUSEHOLD PETS

Dogs, cats and other similar animals that are housed in a private residence as personal companions. Livestock, agricultural animals, including but not limited to chickens and ducks, and zoological animals, shall not be considered household pets.

[Added 5-16-2011 by Ord. No. 880]

HOUSING (FOR ELDERLY AND/OR DISABLED PERSONS)

A residential building or complex of buildings with dwelling units specifically designed for the use of and occupied by any person(s) 55 years of age or older and their spouse and dependent relatives, or any person(s) less than 55 years of age who has a record of or is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities of that person(s) and their spouse and dependent relatives and live-in caregivers. Impairment does not include those exemptions listed in the Americans with Disabilities Act of 1990.[7]

INDUSTRIAL USES

GENERAL INDUSTRIALA use:

Involving the processing and manufacturing of semifinished and/or finished materials or products predominately from extracted, raw, and/or recycled materials;

Engaged in the storage of, manufacturing processes using, and/or shipping of flammable or explosive materials; and/or

Engaged in the storage, manufacturing processes, and/or shipping of materials or products that potentially involve hazardous or commonly offensive conditions; and

Due to the more intensive nature of the processes, materials, products, etc. such uses may disturb or endanger neighboring properties.

LIGHT INDUSTRIALA use:

Involving the manufacturing, predominately from previously prepared semifinished or finished materials products or parts, finished materials and products, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution, as well as the repair of such finished products, but:

Excluding the processing of extracted, raw, and/or recycled materials; and

Due to the lower-intensity nature of processes, materials, or products, produce no noise, vibration, air pollution, fire hazard or noxious emission, which would disturb or endanger neighboring properties.

Establishments involved in the production and/or repair services when such facilities are in a completely enclosed building including home appliances; electrical instruments; office machines; precision instruments; electronic devices; timepieces; jewelry; optical goods; musical instruments; novelties; mass-produced furniture; wood products such as cabinetry, printed material; lithographic plates; type composition; machine tools; dies and gauges; ceramics; apparel; lightweight metal castings; film processing; light sheet metal products; tinsmithing, welding, plumbing, heating, ventilating and air-conditioning plastic goods; pharmaceutical goods; and food products, but not animal slaughtering or curing nor rendering of fats.

JUNK

Any discarded article or material, including but not limited to, scrap metal, paper, rags, glass, containers, tires, junked or abandoned motor vehicles, trailers, machinery and equipment, and other salvageable materials. "Junk" shall not include hazardous wastes or materials, industrial residual wastes, or municipal wastes as defined in the Pennsylvania Solid Waste Management Act.[8]

[Added 5-16-2011 by Ord. No. 880]

KENNEL, COMMERCIAL

A business offering housing or boarding of domestic animals and which is operated for a profit.

LAND DEVELOPMENT

Any of the following activities:

The improvement of one 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 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 following are exempted from the definition of "land development":

The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

The addition of an accessory building, including a farm building, on a lot or lots subordinate to an existing principal building; or

LANDSCAPING CENTER/NURSERY

The addition or conversion of a building for rides within the confines of an enterprise, which would be considered an amusement park. For the purpose of this subsection, an "amusement park" is defined as a tract or area used principally as a location for a permanent amusement structures or rides. This exclusion shall not comply to newly acquired acreage by an amusement park until initial land for the expanded area have been approved by the proper authorities.

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

An establishment engaged in the raising non-agriculturally related trees, shrubs, flowers, and other plants for wholesale or retail sale or for transplanting.

LAUNDROMAT

An establishment equipped with individual clothes-washing and drying machines and/or dry-cleaning machines for use and operation by patrons.

LICENSED GROUP HOME

A place, home, or institution which is licensed and directly associated with and operated by a responsible individual, family or organization with a program of care and supervision of the residents by full-time professional, resident staff providing a supportive living arrangement including board, shelter, and personal services to not more than eight persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial, or social differences. (Examples of such persons include but shall not be limited to the mentally challenged, physically handicapped; elderly. This definition shall expressly include facilities for the care of developmentally disabled persons.)

LICENSED GROUP RESIDENCE

An institution which is licensed and directly associated with and operated by a responsible organization with a program of care and supervision of the residents by full-time professional, resident staff providing a supportive living arrangement including board, shelter, and personal services to nine but not more than 16 persons, regardless of age, who have a need for supervision or assisted community living based on emotional, mental, physical, familial, or social differences. (Examples of such persons include but shall not be limited to the mentally challenged, physically handicapped; elderly. This definition shall expressly include facilities for the care of developmentally disabled persons.)

[Amended 7-11-2016 by Ord. No. 955]

LIGHTING

DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.

DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.

MASSAGE THERAPY ESTABLISHMENT

INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector for which it is reflected to be illuminated.

LIVESTOCK

Cattle, pigs, goats, horses, sheep, llamas, emus, ostriches, and other similar types of animals with hooves, whether split or not.

[Added 5-16-2011 by Ord. No. 880]

LOADING SPACE OR UNIT

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary stopping of commercial vehicles while loading or unloading merchandise or materials and which abuts upon an alley, street or other appropriate means of access to a street.

LOT

A designated parcel, tract or area of land established by plat, subdivision or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The area contained within the lot lines of a lot, excluding space within all streets and within permanent drainage easements, but including the areas of all other easements.

LOT, CORNER

A lot or parcel abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.

LOT COVERAGE

That portion or percentage of the plot or lot area covered by any material that prevents the absorption of stormwater into the ground, including buildings, sidewalks, driveways/access drives, but excluding surface water area of swimming pools.

LOT, FLAG

A lot not fronting on or abutting a public roadway except for a narrow strip of ground or private right-of-way not less than 24 feet wide.

[Added 5-16-2011 by Ord. No. 880]

LOT FRONTAGE

The front portion of a lot meeting the requirements of § 410-114 of this chapter.

LOT LINE

A line of record bounding a lot which divides one lot from another lot or from a public or private street.

LOT OF RECORD

A lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of Clinton County, Pennsylvania.

[Added 5-16-2011 by Ord. No. 880]

LOT WIDTH

The continuous linear horizontal distance measured at the required front setback, between side lot lines for interior lots. For corner lots, lot width shall be measured at both required front setbacks, one between a front lot line and opposite rear lot line, and one between a front lot line and opposite side lot line.

MANUFACTURING

The act of producing, preparing and assembling finished products or goods from raw materials or component parts through the repetitious use of an established or set process.

[Added 5-16-2011 by Ord. No. 880]

Any business or part thereof, other than an adult massage establishment, where massage services are provided by a person having graduated from a massage therapy training program approved by the Pennsylvania State Board of Private Licensed Schools or equivalent agency if trained in another state; by a person certified through a massage therapy certification examination approved by the National Commission for Certifying Agencies; by a person certified through the National Certification Board for Therapeutic Massage and Bodywork; or is a practitioner or member of either of the American Massage Therapy Association (AMTA), Associated Bodywork and Massage Professionals (ABMP), or International Massage Association (IMA).

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MINERAL BATCHING OR MIXING PLANT

A facility where extracted materials are amassed, sorted, mixed, and/or crushed, ground, or otherwise treated for distribution or use or sale.

[Added 5-16-2011 by Ord. No. 880]

MINERAL EXTRACTION OPERATION

The commercial extraction of natural minerals from the earth, including facilities for the batching or mixing of extracted materials. Oil and gas operations shall not be considered to be mineral extraction.

[Added 5-16-2011 by Ord. No. 880]

MINI-STORAGE/SELF-STORAGE FACILITY

An establishment including 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 dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities shall be permitted.

MOBILE HOME

A transportable, single-family dwelling located on a permanent foundation 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.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land greater than or equal to the minimum size set forth in Article XX of this chapter which has/have been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MOTEL

An establishment which provides transient lodging accommodations to the general public in sleeping units which each have separate access directly to the outside and which may provide such additional supporting services as restaurants, recreation facilities and living quarters for a resident manager or proprietor.

MULTI-MIXED-USE FACILITY

Any combination of uses, including but not limited to, offices, commercial and light industrial in one or more structures on a single parcel or contiguous parcels under the same ownership.

[Amended 5-16-2011 by Ord. No. 880]

NEIGHBORHOOD RETAIL/SERVICE

An establishment conducting the following retail and personal service business, or professional service establishments are permitted within specified residential zoning districts as permitted uses: neighborhood convenience store; barber and beauty shops; gift/craft shops; business and medical offices; and restaurants, which are limited to 900 square feet of floor area devoted to the business and intended to supply commodities or perform services for residents of the neighborhood. This use may include one accessory residential dwelling unit located within the principal building. The sale, service or distribution of alcoholic beverages is prohibited.

NO-IMPACT HOME OCCUPATION

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 all requirements set forth in Article XX of this chapter.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.

NURSING HOME

An establishment, licensed by the Commonwealth of Pennsylvania, engaged in providing twenty-four-hour inpatient nursing and health-related personal care for nine or more adults, utilizing in whole or part licensed and/or registered nurses, excluding hospital services and excluding day-to-day personal care which is not health care by licensed or registered nurses.

OFFICE, BUSINESS

A building or part of a building in which one or more persons are employed in the management, direction or conducting of business/commerce and whose staffs/employees serve clients who seek advice and consultation regarding business/commerce. A business office may include the administrative, corporate or professional offices for profit, nonprofit or charitable organizations.

OFFICE/CLINIC, MEDICAL

A building or structure where one or more licensed medical professionals, provide diagnosis and treatment to the general public without surgical procedures, overnight accommodation or pharmacy and shall include such uses as reception areas, offices, consultation rooms, and X-ray, providing that all such uses have access only from the interior of the building or structure.

OIL AND GAS OPERATION

The underground exploration for, and commercial extraction of, crude oil and natural gas.

[Added 5-16-2011 by Ord. No. 880]

OPEN SPACE

Space not occupied by a structure, open to the sky, and on the same lot with a building or structure.

[Amended 5-16-2011 by Ord. No. 880]

PARK

A public or private lot or portion thereof that is used for active and/or passive recreational uses; and includes all landscaping, facilities and apparatus, playing fields, playgrounds, play equipment, utilities, buildings and other structures that are consistent with the general purposes of a park, and whether or not such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements to the applicable government unit.

PARKING COMPOUND

A public or private lot, building or structure that is designed and used for the short-term, daily, or overnight off-street storage and parking of passenger vehicles. This use shall include surface parking lots and parking structures including buildings and decks.

PARKING SPACE

A space within an off-street parking compound or within a dedicated public right-of-way, for the parking of passenger vehicles.

PARKING SPACE, OFF-STREET

A space within a parking compound, for the off-street temporary storage and parking of passenger vehicles.

PARKS and PLAYGROUNDS

A public or private lot or portion thereof that is used for active and/or passive recreational uses, including all landscaping, facilities and apparatus, playing fields, playgrounds, play equipment, utilities, buildings and other structures that are consistent with the general purposes of a park, whether such recreational facilities are publicly operated or operated by other organizations pursuant to arrangements to the applicable government unit.

[Added 5-16-2011 by Ord. No. 880]

PATIO

An outside surfaced area at ground level or no more than eight inches above ground level having no roof and no sides. For the purpose of the chapter, a patio is not considered a part of the principal building and is not permitted to extend into any required yards.

PERMANENT FOUNDATION

An underlying prepared base or support of cemented concrete blocks or similar masonry placed upon a footer upon which a structure is placed. The foundation must be completely enclosed, exclusive of half windows, windows or doors, except as otherwise required.

PERMITTED USE

A principal use allowed in a zoning district, subject to the applicable district regulations.

[Added 5-16-2011 by Ord. No. 880]

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

[Added 5-16-2011 by Ord. No. 880]

PERSONAL CARE CENTER

A building or structure, licensed by the Commonwealth of Pennsylvania, in which food, shelter and personal assistance and/or supervision by full time, professional resident staff are provided for a period exceeding 24 hours for nine or more adults who are not relatives of the operator, who do not require the services in or of a "nursing home" but who do require assistance or supervision in matters such as dressing, bathing, diet, financial matters, evacuation of a residence in the event of an emergency or medication prescribed for self-administration.

PERSONAL CARE HOME

A building or structure, licensed by the Commonwealth of Pennsylvania, in which food, shelter and personal assistance and/or supervision by full-time, professional resident staff are provided for a period exceeding 24 hours for four to eight adults who are not relatives of the operator, who do not require the services in or of a "nursing home" but who do require assistance or supervision in matters such as dressing, bathing, diet, financial matters, evacuation of a residence in the event of an emergency or medication prescribed for self-administration.

PERSONAL SERVICES

Any enterprise providing domestic commodities and services pertaining to the person, their apparel or personal effects commonly carried on or about the person, including but not limited to shoe repair, tailoring, clothes cleaning, watch repairing, barbershops, beauty parlors and related activities.

PLACE OF ASSEMBLY

Any public or private lot, building or structure that is designed for the assembly or collection of persons at any one time, or adapted or used for purpose of assembly, where persons may congregate for civic, political, religious, educational, social, recreation and amusement purpose. A place of assembly shall include uses such as a performing arts theater.

PLACE OF WORSHIP

An establishment wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all buildings accessory buildings, structures and uses customarily associated with such primary purpose including rectories, convents and church-related schools and day-care facilities. Includes synagogue, temple, mosque, or other such place for worship and religious activities.

PLANNING COMMISSION

The Planning Commission of the City of Lock Haven, Clinton County, Pennsylvania.

[Added 5-16-2011 by Ord. No. 880]

PLANT NURSERY

Land and/or greenhouses used to raise flowers, shrubs, trees and plants for public use or sale or private use.

[Added 5-16-2011 by Ord. No. 880]

PLAT

A map or layout of a subdivision or land development, whether preliminary or final.

PORCH

A roofed-over structure projecting from the front, side or rear wall of a building. For the purpose of this chapter, a porch is considered a part of the principal building and is not permitted to extend into any required yards.

POST OFFICE

A facility owned and/or maintained by the United States Postal Service for the purpose of distributing mail to the public.

PREMISES

Any lot, parcel or tract of land and any building constructed thereon.

PRINCIPAL BUILDING

A building in which is conducted the principal or main use of the lot on which it is located, and which is not an accessory building.

PRINCIPAL USE

The main or primary purpose for which a building, other structure and/or land is used, occupied or maintained under this chapter. All other structures or uses on the same lot which are supplemental thereto and permitted under this chapter shall be considered accessory uses.

PRIVATE CLUB

An organization catering exclusively to members and their guests and not the general public. Private clubs shall include but not be limited to, educational, fraternal, service and political organizations, labor unions and social and athletic clubs.

PROPERTY LINE

A recorded boundary of a lot; provided, however, that any property line that abuts a street or other public way shall be measured from the edge of the full right-of-way of such street or public way.

[Added 5-16-2011 by Ord. No. 880]

PUBLIC BUILDING

Any structure used or intended for supporting or sheltering uses for the public including municipal, county, state and federal government units.

PUBLIC GROUNDS

Includes:

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.

PUBLIC/PRIVATE WORKS FACILITY

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[9]

PUBLIC MEETING

A forum held pursuant to notice under 65 Pa.C.S. Ch. 7 (relating to open meetings), in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[10]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the City. 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, in accordance with the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[11]

PUBLIC RIGHT-OF-WAY

A strip of land acquired by the Commonwealth of Pennsylvania or the City of Lock Haven via reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses, and maintained by the Commonwealth of Pennsylvania or the City of Lock Haven.

The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, public transportation and road maintenance facilities, and other similar public service structures by a utility, whether publicly or privately owned, or by a municipal or other government agency, including the furnishing of electrical, gas, communication, water supply and sewage disposal services.

RAIL YARD

The use of a lot, or building or structure or part thereof for activities directly associated with the operation of a railway. Without limiting the generality of the foregoing, such activities may include loading and off-loading freight, and/or maintenance and repair of railway cars.

RECREATIONAL EQUIPMENT

Includes travel trailers, pickup coaches, motorized homes and recreational vehicles as follows:

BOATA vessel designed or used to travel on water.

BOAT TRAILERA trailer designed or used to haul a boat.

MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

PICKUP COACHA structure designed primarily to be mounted on a pickup or other truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling, travel, recreational and vacation purposes.

RECYCLING COLLECTION POINT, PUBLIC

TRAVEL TRAILERA portable structure built on a chassis, designed to be towed and used as a temporary dwelling for travel, recreational and vacation purposes and permanently identified as a travel trailer by the manufacturer of the trailer.

Any place that serves as a collection point for the temporary storage of refuse items, such as bottles, cans, and newspapers, from which resources are recovered at another location.

RESEARCH AND DEVELOPMENT

Any establishment which carries on investigations in the natural, physical, technical or social science or engineering and development as an extension of such investigation with the objective of creating end products.

RESEARCH LABORATORY

A building or groups of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products except as accessory and incidental to the main purpose of the laboratory.

RESTAURANT

An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises. A restaurant may include the accessory sale of alcoholic beverages. However, if such sales is a primary or substantial portion of the total trade, the requirement of a "tavern/bar," as applicable, must be met.

RETAIL BUSINESS

An establishment located entirely within an enclosed building which sells goods or merchandise and repair services for goods or similar merchandise sold on the premises to the general public for personal, household or office consumption and which shall not include wholesaling, light industrial or processing of the goods offered for sale.

ROADSIDE STAND

A temporary or permanent booth, stand or shelter located along a roadway (but off the road right-of-way), from which farm, plant nursery or greenhouse products primarily grown or raised on the adjacent or nearby premises are offered for sale to the general public.

[Added 5-16-2011 by Ord. No. 880]

SCHOOL, COMMERCIAL

An academic or nonacademic establishment providing nonacademic training, vocational or trade-related educational courses and/or programs.

SCHOOL, PUBLIC OR PRIVATE

Any public, sectarian, or private nonprofit establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and/or vocational educational services for state-required or largely state-funded programs at the kindergarten, elementary, and secondary levels. This term shall not include those uses considered commercial schools.

SCREENING

The provision of a barrier to visibility, airborne particles, glare and noise between adjacent properties uses and/or districts composed entirely of trees, shrubs, sight-tight fences, walls and/or other similar type materials.

SETBACK

The distance between a building and any lot line.

SHOPPING CENTER

A group of stores planned, designed and constructed to function as a unit for the lot on which it is located with off-street parking provided as an integral part of the unit.[12]

SPECIAL EXCEPTION

A use permitted and approved by the Zoning Hearing Board in a particular zoning district upon showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this chapter. Procedures and criteria for granting approval shall comply with provisions of Article XXIII of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[13]

STABLE, PRIVATE

An accessory building in which horses are raised or kept for personal use, and not for hire, remuneration or sale.

[Added 5-16-2011 by Ord. No. 880]

STOOP

A covered or uncovered structure projecting from the front, side or rear door of a structure not exceeding 25 square feet.

STORY

That portion of a building included between the surface of any floor and the surface of the floor or ceiling immediately above it.

[Added 5-16-2011 by Ord. No. 880]

STREET

The word "street" includes any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET LINE

The dividing line between the street and the lot, usually referred to as the "right-of-way line."

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

SUBDIVISION

The division or redivision of 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, building or lot development; provided, however, that the subdivision of land by lease of land for agricultural purposes into parcels of more than 10 acres, and not involving any new street or easement of access or any residential dwelling, shall be exempted.

SWIMMING POOL

A water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 24 inches, designed, used and maintained for swimming and bathing. Farm ponds and/or lakes are not included; provided, that swimming was not the primary purpose for their construction.

TAVERN/BAR

An establishment where the principal use is primarily serving alcoholic beverages by the drink to the general public mostly for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food and packaged beverages as an accessory use.

TEMPORARY STRUCTURE

A nonpermanent structure or building which is permitted or authorized to be located on a lot for a specified duration.

[Added 5-16-2011 by Ord. No. 880]

TEMPORARY USE

A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

THEATER

A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or uses considered adult mini-motion and motion-picture theaters.

TREATMENT CENTER

A use (other than a "correctional facility" or "criminal housing facility" or "halfway house" as otherwise defined in this article) providing housing facilities for persons who need specialized housing, treatment and/or counseling because of: a conviction or convictions for driving under the influence of alcohol; chronic abuse of or addiction to alcohol and/or a controlled substance; or a type of mental illness or other behavior that can reasonably be expected to cause a person to be a threat to the physical safety of themselves or others.

[Added 7-11-2016 by Ord. No. 955]

TRUCK REPAIR AND SERVICE FACILITY

An establishment providing towing, repair, service, inspection, washing of, and/or other similar services for trucks. Such a use may include the sale of lubricants, tires, batteries, motor fuel and other petroleum products, truck accessories and equipment. This use shall include temporary storage of wrecked and inoperable vehicles awaiting repair.

TRUCK STOP/TRAVEL PLAZAS

A premises used for the refueling, maintenance and/or service activities for such vehicles and their drivers. These activities or services may include, but are not limited to, dispensing motor fuels and petroleum products directly into motor vehicles, restaurants or cafes, overnight accommodations, showers or laundry facilities, truck services, including repair services, overnight truck parking and vehicle washing.

[Added 4-2-2018 by Ord. No. 986]

TRUCK TERMINAL

An area or structure where trucks load and unload goods, products, cargo, materials and/or freight and where the same may be broken down or aggregated into smaller or larger loads for transfer to other motor vehicles or modes of transportation or to other points or junctions. This use may include servicing and truck repair facilities, fueling, dispensing, storage of petroleum products and overnight accommodations. Truck "dropoff lots," "drop-and-hook lots" or similarly defined facilities shall be governed under this definition.

UNIVERSITY HOUSING

Housing offered by colleges and/or universities to accommodate students in attendance at the university to include, but not limited to, dormitory housing and dwelling-type housing. Said housing must be located on a lot owned by the college and/or university or by a college and/or university foundation.

UNIVERSITY/COLLEGE

An educational establishment, authorized by the Commonwealth of Pennsylvania as such to award associate, baccalaureate or higher degrees, including principal uses for classrooms, libraries, auditoriums, gymnasiums, stadiums, administrative offices, dormitories and dining facilities, boarding houses, maintenance and operating facilities, as well as ancillary uses, such as research facilities, retail services and businesses that support student, faculty and staff needs.

USE

The specific purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, or intended, or for which it is or may be occupied or maintained.

VARIANCE

Relief granted by the Zoning Hearing Board from the technical provisions of this chapter, which if strictly adhered to would inflict unnecessary hardship upon the applicant. Procedures and criteria for granting such relief shall comply with provisions of Article XXIII of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[14]

VETERINARY CLINIC

See "animal hospital."

WAREHOUSE

An establishment used primarily for the indoor storage and handling of products, supplies, equipment, but not including the maintenance or fueling of commercial vehicles.

WAREHOUSING, DISTRIBUTION AND WHOLESALING

A use engaged in the storage, wholesale and/or distribution of manufactured products, supplies and equipment, but excluding bulk storage of materials that are inflammable or explosive or that create hazard or commonly recognized offensive conditions, and also excluding any heavy equipment or truck washing, servicing and/or repair, unless such uses are specifically permitted in that zoning district. Wholesaling of products, supplies and equipment shall not be open to or accessible by the general public, unless incidental to the principal warehousing operation.

YARD

An open space from grade level to the sky unoccupied by a building or structure.

YARD, FRONT

The open space extending the entire width of the lot between the front building line of the principal building and the street right-of-way.

YARD, REAR

The open space extending from the rear of the principal building to the rear lot line (not necessarily a street line) throughout the entire width of the lot.

YARD, SIDE

The open space extending from the side of the principal building to the side lot line through the entire depth of the building.

ZONING

A police power measure, enacted pursuant to the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247,[15] as reenacted and amended by the City of Lock Haven, in which the City is divided into districts or zones within which permitted and special uses are established as well as regulations governing lot size, building bulk, placement and other development standards.

ZONING DISTRICT

A section of the City designated by and pursuant to this chapter via text and delineated on a related map, in which requirements for the use of land and building and development standards are prescribed.

ZONING HEARING BOARD

The Zoning Hearing Board of the City of Lock Haven as duly constituted by and established pursuant to the Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended.[16]

ZONING MAP

The Official Zoning Map of the City of Lock Haven, Clinton County, Pennsylvania, together with all notations, references and amendments which may hereafter be enacted. Said map is made a part of this chapter.[17]

[Added 5-16-2011 by Ord. No. 880]

ZONING OFFICER

The individual authorized by the City Council to administer and enforce this chapter in accordance with its literal terms.

ZONING PERMIT

The permit required by this chapter which states the purpose for which a building, structure, or land is proposed to be used is in conformity with the use regulation, the dimensional requirements, and all other applicable provisions of this chapter.

[Added 5-16-2011 by Ord. No. 880]

[1]

Editor's Note: See 53 P.S. § 10101 et seq.

[2]

Editor's Note: The definition of "communications antenna," which immediately followed this definition, was repealed 8-1-2016 by Ord. No. 957. See now Subsection E, Wireless communications facilities.

Editor's Note: The definition of "communications tower," which immediately followed the former definition of "communications antenna," was repealed 8-1-2016 by Ord. No. 957. See now Subsection E, Wireless communications facilities.

Editor's Note: The definition of "communications equipment building," which immediately followed the former definition of "communications tower," was repealed 12-6-2021 by Ord. No. 2021-13. See now Subsection E, Wireless communications facilities.

[3]

Editor's Note: See 53 P.S. § 10101 et seq.

[4]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[5]

Editor's Note: See Editor's Note: See 68 Pa. C.S.A. § 5101 et seq.

[6]

Editor's Note: See 53 P.S. § 10101 et seq.

[7]

Editor's Note: See 42 U.S.C. § 12101 et seq.

[8]

Editor's Note: See 35 P.S. § 6018.101 et seq.

[9]

Editor's Note: See 53 P.S. § 10101 et seq.

[10]

Editor's Note: See 53 P.S. § 10101 et seq.

[11]

Editor's Note: See 53 P.S. § 10101 et seq.

[12]

Editor's Note: The former definition of "small wireless communications facility," added 4-1-2019 by Ord. No. 2019-01, which immediately followed this definition, was repealed 12-6-2021 by Ord. No. 2021-13. See now Subsection E, Wireless communications facilities.

[13]

Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq., respectively.

[14]

Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq., respectively.

[15]

Editor's Note: See 53 P.S. § 10101 et seq.

[16]

Editor's Note: See 53 P.S. § 10101 et seq.

[17]

Editor's Note: The Zoning Map is included as an attachment to this chapter.

Airport Overlay words and phrases. The following words and phrases, when used in Article XIV of this chapter relating to the Airport Overlay, shall have the meaning given to them herein this subsection unless the context clearly indicates otherwise:

AIRCRAFT

Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into or flight through the air.

AIRPORT ELEVATION

The highest point of an airport's usable landing area measured in feet above sea level, estimated to be 555 feet for the William T. Piper Airport.

AIRPORT HAZARD

Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined by "airport hazard" in 74 Pa.C.S.A. § 5102.

AIRPORT HAZARD AREA

Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this chapter and the Airport Zoning Act, 74 Pa.C.S.A. § 5911 et seq.

APPROACH SURFACE

A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 410-71 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.

APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL SURFACE ZONES

These zones are set forth in § 410-71 of this chapter.

CONICAL SURFACE

A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.

DEPARTMENT

Pennsylvania Department of Transportation.

FAA

Federal Aviation Administration of the United States Department of Transportation.

HEIGHT

For the purpose of determining the height limits in all zones set forth in Article XIV of this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

HORIZONTAL SURFACE

A horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal surface zone.

LARGER-THAN-UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.

NONCONFORMING USE

Any preexisting structure, object of natural growth or use of land which is inconsistent with the provisions of Article XIV of this chapter.

NON-PRECISION-INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing air navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.

OBSTRUCTION

Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 410-71 of this chapter.

PERSON

An individual, firm partnership, corporation, company, association, joint stock association or governmental entity; includes a trustee, a receiver, an assignee or a similar representative of any of them.

PRECISION INSTRUMENT RUNWAY

A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.

PRIMARY SURFACE

A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The width of the primary surface is set forth in § 410-71 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.

PRIVATE AIRPORT

An airport which is privately owned and which is not open or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.

PUBLIC AIRPORT

An airport which is either publicly or privately owned and which is open to the public as defined in 74 Pa.C.S.A. § 5102.

RUNWAY

A defined area on an airport prepared for landing and takeoff of aircraft along its length.

TRANSITIONAL SURFACES

These surfaces extend outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.

TREE

Any object of natural growth.

UTILITY RUNWAY

A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.

VISUAL RUNWAY

A runway intended solely for the operation of aircraft using visual approach procedures.

Flood damage control standards overlay words and phrases. The following words and phrases, when used in Article XV of this chapter relating to the Flood Damage Control Standards Overlay, shall have the meaning given to them herein this subsection unless the context clearly indicates otherwise:

BASEMENT

Any area of the building having its floor below ground level on all sides.

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

CONSTRUCTION, EXISTING

Structures for which the "start of construction" commenced before February 2, 1977, the established effective date of the Flood Insurance Rate Map (FIRM) of the City of Lock Haven, Clinton County, Pennsylvania. "Existing construction" may also be referred to as "existing structures."

CONSTRUCTION, NEW

Structures for which the start of construction commenced on or after February 2, 1977, and includes any subsequent improvements thereto.

CONSTRUCTION, START OF

Includes substantial improvement and means the date the building permit was issued; provided, the actual start of construction, repair reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. "Permanent construction" does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory building, such as garages or sheds not occupied as dwelling units or not part of the main structure.

DEVELOPMENT ACTIVITY

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

FLOOD FRINGE

That portion of the one-hundred year regulatory floodplain outside the floodway.

FLOODPLAIN

Relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; or, any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of the regulatory flood without cumulatively increasing the water surface elevation of that flood more than one foot at any point.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior.

MANUFACTURED HOME PARK OR SUBDIVISION

Directly by the Secretary of the Interior in states without approved programs.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking vehicles, building access and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building; provided, that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. The one-hundred-eighty-day provision shall not be applicable in instances where a park trailer, travel trailer or other similar vehicle is being stored on the owner's property, providing there is a principal structure on the property and the recreational equipment is mobile. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.

OBSTRUCTION

Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream that would or could do damage to life or property.

[Added 5-16-2011 by Ord. No. 880]

RECREATIONAL VEHICLE

Any vehicle which is:

Built on a single chassis.

Not more than 400 square feet, measured at the largest horizontal projections.

Designed to be self-propelled or permanently towable by a light-duty truck.

REGULATORY FLOOD ELEVATION

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

The one-hundred-year flood elevation as indicated on profiles of the Flood Insurance Study for the City of Lock Haven, Clinton County, Pennsylvania.

REGULATORY FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year. The flood that has been selected to serve as the basis upon which the flood damage control standards of this chapter have been prepared; for this chapter, the one-hundred-year flood.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."

For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not the alteration affects the external dimensions of the structure. The term does not, however, include either:

Any project for improvement of a structure to comply with existing state, local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions.

SHOPPING CENTER IDENTIFICATION SIGN

Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.

Signs. As used in Article XVII of this chapter, the following words and phrases shall have the meaning given herein below:

BUSINESS SIGN

A sign which is permanently attached to the premises and used to identify the business establishment upon which it is erected.

DIRECTION SIGN

A sign which is permanently attached to the premises and used to identify the business establishment, commodities and/or services of said business establishment.

FREESTANDING SIGN

A sign supported by upright columns, poles or braces placed in or upon the ground.

OFF-PREMISES SIGN

A sign which contains a message unrelated to a business or profession conducted upon the premises where such sign is located or which is unrelated to a commodity, service or entertainment sold or offered upon the premises where such sign is located.

PREMISES

The area occupied by a business or other public enterprise. When more than one business occupies a single building, each business area shall be considered a separate premises.

PROJECTING SIGN

A sign other than a wall sign which projects from and is supported by a wall of a building.

PROMOTIONAL SIGN

A sign intended for display and normally used for special events, sales and products offered on the premises. Promotional signs placed in or on windows do not require permits, are not included when calculating the number of signs on a premises and are exempt from square footage requirements.

ROOF SIGN

A sign erected and maintained upon the roof or above the roof or parapet of a building.

A sign advertising a grouping of more than six individual businesses all located in one building or one lot held in a single and separate ownership.

SIGN AREA

The entire space within a single continuous perimeter enclosing the extreme limits of a sign. When individual letters are used separately on the surface of a building wall, the spaces between said letters shall be included in computing the area of the sign. The structural supports for a sign shall not be included in the area, but all other ornamental attachments, etc., which are not a part of the main supports of the sign are to be included in determining sign areas On a two-sided sign, only one face is counted in computing the sign's area.

SIGN HEIGHT

The greatest vertical dimension between the top of a sign and the grade.

SIGN, ILLUMINATED

Any sign illuminated by electricity, gas or other artificial light, including reflective or phosphorescent light.

SIGN, INTERIOR

Any sign that is affixed to or painted on the interior of a window or any sign located inside and within three feet of the face of the window, which sign is designed to be visible from the exterior of the window.

WALL SIGN

A sign attached to or painted upon a building wall with the face area parallel thereto.

Wireless communications facilities. Related words and phrases:

[Added 8-1-2016 by Ord. No. 957[18]; amended 12-6-2021 by Ord. No. 2021-13]

ANTENNA — An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

APPLICANT — Any entity or person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way, City-owned land, or other property.

CITY — City of Lock Haven, Clinton County, Pennsylvania.

CO-LOCATION — The mounting of one or more WCFs, including antennas, on a pre-existing structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

COMMUNICATIONS ANTENNA — Any antenna and related equipment attached to a wireless support structure. Communications antennas shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

COMMUNICATIONS TOWER — Any structure that is constructed for the primary purpose of supporting one or more communications antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles. DAS hub facilities are considered to be communications towers.

(7)

EMERGENCY — A condition that: (a) constitutes a clear and immediate danger to the health, welfare, or safety of the public; or (b) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

(8)

EQUIPMENT COMPOUND — An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or related equipment are located.

(9)

FAA — Federal Aviation Administration.

(10)

FCC — Federal Communications Commission.

(11)

HEIGHT OF A WIRELESS COMMUNICATIONS FACILITY — When referring to a WCF or wireless support structure, means the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna(s).

(12)

MODIFICATION or MODIFY — The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

(13)

RELATED EQUIPMENT — Any piece of equipment related to, incidental to, or necessary for, the operation of a communications tower or communications antenna. By way of illustration, not limitation, related equipment includes generators and base stations.

(14)

REPLACEMENT OF A WIRELESS COMMUNICATIONS FACILITY (REPLACEMENT OF A WCF) — The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

(15)

SMALL WIRELESS COMMUNICATIONS FACILITY — A wireless communications facility that meets the following criteria:

The wireless support structure on which antenna facilities are mounted:

[1]

Is 50 feet or less in height; or

[2]

Is no more than 10% taller than other adjacent structures; or

[3]

Is not extended to a height of more than 50 feet or by more than 10% above its height prior to the co-location of any WCF as a result of the co-location of new antenna facilities; and

Each antenna associated with the deployment (excluding the related equipment) is no more than three cubic feet in volume; and

All related equipment associated with the wireless support structure including the wireless equipment associated with the antenna and any pre-existing associated equipment on the wireless support structure, is cumulatively no more than 28 cubic feet in volume.