The provisions of this Chapter 640 are intended to achieve the following:
A. 
To encourage new development that is well-designed, of high quality, and suited to the natural conditions of the site.
B. 
To encourage the coordinated growth of neighborhoods; compact, efficient, and economically sustainable development patterns and to avoid excessive public costs as a result of inefficient patterns of development.
C. 
To prevent development which may be hazardous because of the physical character of the land, to protect and preserve valued features of the natural and human environments, and ensure all new lots are provided adequate access to the public street and utility system.
D. 
To ensure the provision of coordinated public improvements which are necessary and appropriate for the development.
E. 
To provide flexibility in standards and requirements so that the design of development can be fitted to the character of its site and to the community in which it is located.
F. 
To reflect and implement the policies and goals set forth in the Altoona Comprehensive Plan and support, as much as possible, the overall goals and policies set forth by the Blair County Planning Commission.
G. 
To provide standards for the uniform preparation and recording of plans so that the property records of Altoona are accurate and complete.
[Amended 3-13-2023 by Ord. No. 5802]
The Altoona City Planning Commission was created and established in 1916 by Ordinance No. 338. There shall be seven voting members on the Commission. All members shall be full-time residents of the City, and a voting member of the Altoona City Planning Commission may concurrently hold a seat as Mayor or on the City Council. However, a voting member of the Altoona City Planning Commission shall not concurrently serve on the Zoning Hearing Board, nor be employed by the City or any of its authorities. The Altoona City Planning Commission shall function as required by the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247, 53 P.S. § 10101, as reenacted and amended) and in accordance with this chapter.
Subdivisions and land development shall be designed to achieve the general goals and outcomes as described in this section.
A. 
All subdivisions and land development shall be designed to minimize environmental damage to the maximum extent possible by carefully fitting the proposal to the existing conditions of the site.
(1) 
Grading. Roads, building sites, and lots should be laid out in a manner that will minimize disturbance of the land. Newly proposed road layouts should generally minimize cut-and-fill activity. Naturally level areas should be given high consideration for building sites. Clustering of development on less steep areas of the site is strongly encouraged as an alternative to mass grading.
(2) 
Steep slopes. Altoona is located at the foot of the Allegheny Front along the western fringe of the ridge-and-valley region of Pennsylvania. Steep slopes are a predominate part of this topography. Creating stable slopes is critically important to the safety and welfare of the community. Development must demonstrate the methods proposed to keep slopes stabilized with vegetation and/or other engineered features.
(3) 
Water resources. Watercourses are the City's natural drainage system for runoff and floodwaters. Much of the City's natural stormwater drainage has been incorporated into a combined sewer system, providing a challenge to regain the natural system and its natural flow patterns. It is therefore critical that the remaining open streams and the land immediately adjacent be preserved to carry out this natural drainage function as well as to provide visual amenity to the citizenry.
(4) 
Vegetation. Vegetation is an important element of the cityscape. It maintains stable slopes, cleans the air, mitigates runoff, and provides visual character to the City and its neighborhoods. Efforts shall be made to preserve mature trees and base vegetation on slopes whenever possible. Trees located within the street right-of-way fall under the jurisdiction of the Altoona Shade Tree Commission.
(5) 
Identified natural resources. Care must be taken in the design and construction of subdivisions to protect habitats which include rare or endangered plants or animals or are found to be ecologically important.
(6) 
The human environment. Sites containing structures of historic or architectural significance should be designed to preserve, enhance, or reuse such structures as often as possible. Buildings beyond rehabilitation should be demolished.
(7) 
Air and water resources. All subdivisions shall comply fully with all applicable laws and regulations concerning air and water pollution. Transit-oriented development is encouraged to minimize dependency on the automobile.
B. 
Where hazardous or potentially hazardous features are present on proposed development sites, the design of subdivisions shall consider such features. Appropriate precautions shall be taken to ensure that development will be safe and the public health and welfare will be protected. Development may not be approved unless safety is assured.
(1) 
Landslide-prone areas. In areas where soils or underlying geology may be unstable, a geotechnical investigation should be undertaken to ascertain the appropriate design standards for the site and ensure the long-term safety of any occupants of the subdivision.
(2) 
Undermined and cavernous areas. In areas where mining has occurred or is occurring, or areas known to contain cavernous pockets, subsidence risk assessments may be required to establish that the proposal will be safe.
(3) 
Flood-prone areas. New construction in the undeveloped one-hundred-year floodplain or other areas of known frequent flooding shall be avoided wherever possible. Where such construction has already occurred or is unavoidable, the development shall proceed in full compliance with Ch. 362 and any other applicable requirements at the state and federal levels.
(4) 
Hazardous waste and other contaminated sites. To protect the public health, no subdivision shall be approved in areas which may have been contaminated by prior uses or contain hazardous waste, unless it is determined during the review that the site is now safe for development. Development of such sites shall be limited to uses which do not pose health risks for site occupants.
(5) 
Noise-prone sites. Subdivisions proposed in areas of unusual noise shall ensure that the safety and health of the occupants of the site are not harmed by the presence of such noise. In the event a noise-prone site is being proposed, the developer bears the responsibility to mitigate the noise so that occupants of surrounding properties are not unduly exposed to unnecessary noise.
(6) 
Air traffic. No subdivision proposal shall include features which inhibit the flow of air traffic or present a hazard to air vehicles. In most areas, compliance with zoning will ensure this.
C. 
The general layout of subdivisions and land developments should respect the natural resources of the site, the character of the surrounding area, and be suitable for intended uses. The design of blocks and lots shall allow compliance with the zoning provisions found in this Code and provide suitable space for buildings. The design of subdivisions and land developments shall consider the topography, natural features, traffic circulation which includes bicycles and pedestrians, and the surrounding neighborhood. Subdivisions and land developments should further the goals of the Altoona Comprehensive Plan.
D. 
Subdivisions and land development shall include landscaping which is designed to improve community appearance, contribute positively to environmental quality and the livability of new areas, and to mitigate any negative impacts on the existing areas surrounding it. Uses and structures should be sited to minimize adverse impact from or upon abutting uses. Landscaping, buffers, and screening should be designed to reduce unavoidable impacts and to augment the natural features of the site.
E. 
Proposals must provide a full range of improvements throughout the subdivision and land development as required to ensure public health, safety and welfare as well as the creation of desirable neighborhoods for living, working, and recreation.
(1) 
Water supply. All new subdivisions and land development shall provide direct connections to the public water system. New development shall not degrade the quality of potable water supplies, including, but not limited to, the public system and the groundwater. Private wells for any purpose are discouraged.
(2) 
Sanitary sewage disposal. All new subdivisions and land developments shall provide direct connections to the public sanitary sewer system. With the exception of required and approved nonresidential pretreatment facilities, no new on-site sewerage disposal or treatment systems are permitted. No new sanitary sewer shall be connected to the storm sewer.
(3) 
Storm drainage. Every subdivision and land development shall manage stormwater flows in accordance with this Code. All development located within watersheds for which stormwater management plans have been adopted shall comply with the requirements of the plan as well. No new storm drain system shall be connected to the sanitary sewer system.
(4) 
Public utilities. New subdivisions and land development shall be served by other public utilities, including electricity, natural gas, and communications. The use of alternative energy sources shall be accommodated in the approval of plans.
(5) 
Community services. All new subdivision and land development shall have access to the full range of public services and facilities, such as public safety and emergency response, recreation, schools, and libraries.
(6) 
Transportation facilities. New subdivisions and land developments shall provide a full range of transportation facilities for access to all lots, buildings, and open space areas intended for use by people. Transportation facilities designed within subdivisions shall be designed as elements of the larger transportation system serving the public. No private or gated streets should be permitted. Transportation facilities shall include public transportation, walkways, sidewalks, bicycle facilities, cartways, parking facilities, and multipurpose trails.
In determining the meaning of a word in this Chapter 640, the hierarchy below shall apply. The reader should use the definition appearing in the highest priority document, unless the context of the language clearly indicates otherwise.
A. 
The definitions shown for a specific article shall have first priority.
B. 
The definitions shown for a specific part shall have second priority.
C. 
The definitions listed below shall have third priority.
D. 
The definitions listed in the Municipalities Planning Code shall have fourth priority.
E. 
The definitions listed in the Building Code shall have fifth priority.
F. 
Definitions not listed in any document above shall be based on common American English vernacular and have last priority.
Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated.
A. 
Words used in the present tense include words in the future tense.
B. 
The singular number includes the plural.
C. 
Masculine gender includes the feminine gender, and vice versa.
D. 
The word "include" and its various grammatical forms shall not limit the term to the specific listing or example given but is intended to extend its meaning to all other instances of like kind and character.
E. 
The words "shall," "will" and "must" are mandatory.
F. 
The words "may," "could" and "should" are permissive.
G. 
The words "used" and "occupied" include the concepts of "intended," "designed," "maintained" or "arranged" to be used or occupied.
As used in this chapter, the following terms shall have the meanings indicated in this section:
ABUTTING
Parcels shall be considered to be abutting when they touch or their lot lines are directly across from easements, utilities, parks, watercourses, water bodies, natural features, or private rights-of-way.
ACCELERATED EROSION
The removal of the surface of the land through the combined action of human activities and natural processes at a rate greater than would occur because of the natural processes alone.
ACCESSORY BUILDING
A building detached from, supportive of, and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY STRUCTURE
A structure detached from a principal building but located on the same lot. It serves a customarily incidental and subordinate use to the use of the lot as a whole or the principal building on the lot.
ACCESSORY USE
A use customarily incidental and subordinate to the principal use and located on the same lot with such principal use or building.
AESTHETIC
The perception of artistic elements or elements in the natural or created environment that are pleasing to the eye.
AGRICULTURAL OPERATIONS
The production, keeping, or maintenance for sale, lease, or personal use of plants and animals useful to man. These activities shall include, but are not limited to, forages and sod crops; grains and seed crops; dairy animals and dairy products; poultry animals and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, goats, or any mutations or hybrids thereof, including the breeding and grazing of any and all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program; and establishments primarily engaged in supplying soil preparation services, crop services, horticultural services, veterinary and other animal services, and farm labor and management services. It does not include landscaping services.
AIR RIGHTS
The right to use space above ground level. Such rights are in the public domain above 200 feet above ground level.
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A minor public or private thoroughfare other than a side street, which affords only a secondary means of access to abutting property and not for general traffic circulation.
AMENITY
A natural or created feature that enhances the aesthetic quality, visual appeal, or makes more attractive or satisfying a particular property, place, or area.
APPEAL
A means for obtaining review of a decision, determination, order, or failure to act pursuant to the terms of this chapter.
APPLICANT
An individual, including his or her heirs, successors and assigns, making application according to the regulations contained in this chapter, and whose signature appears on any application. The applicant must be the property owner or authorized agent.
APPLICATION
A. 
(Verb). The submitting of an application for permit or service in a complete state.
B. 
(Noun). The document which an applicant completes, along with all supporting documents, exhibits, and plans required for development review purposes.
BERM
A mound of earth, or the act of creating such a mound.
BLIGHTED AREA
An area characterize by deteriorating or abandoned buildings and meeting the specific requirements of the Pennsylvania Urban Redevelopment Law.
BLOCK
A tract of land, a lot, or a group of lots bounded by streets, public parks, railroad rights-of-way, watercourses, and boundary lines of the City, nonsubdivided land, other definite barriers, or by a combination of the above.
BUFFER AREA
An open area made available to physically separate two land uses. A buffer area exists laterally; it does not in and of itself include screening, fences, landscaping, or other treatments which exist on a vertical plane to provide additional separation between uses.
BUILDING
Any structure having a roof supported by columns, walls, arches, or other devices and intended for the shelter, housing, or enclosure of persons, animals, vehicles, or chattels. This definition includes covered porches, carports, and similar features.
BUILDING ENVELOPE
The three-dimensional space within which a structure is permitted to be built on a lot. The extent of a building envelope is defined by height and setback regulations.
BUILDING FOOTPRINT
The area of ground hidden by a building when the building is viewed from directly above.
BUILDING HEIGHT
The vertical distance from finished grade to the top of the highest roof beams on a flat or shed roof, the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs.
BUILDING LINE
A line parallel to the street line touching that part of the building that is closest to the street.
BUILDING MASS
The height, width and depth of a structure.
BUILDING SETBACK LINE
The line within a property, parallel to and defining the required minimum distance between the foremost part of any building and the adjacent right-of-way or property boundary line.
BUILDING, COVERAGE
The total square feet of lot area that is covered by the principal building and all accessory buildings, exclusive of uncovered porches, terraces, and steps taken on a horizontal plane at the mean grade level.
BUILDING, FRONTAGE
A side of a building that faces any street to which the lot on which the building is located is adjacent.
BUILDING, PRINCIPAL
The building in which is conducted the principal use of the lot on which it is located. Lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and buildings housing other clearly accessory uses shall not be considered principal buildings.
BUILT ENVIRONMENT
Artificially created fixed elements, such as buildings, structures, devices, and surfaces, that together create the physical character of an area.
BUS SHELTER
A small, roofed structure, usually having three walls, located near or on a street and designed primarily for the protection and convenience of bus passengers.
CALIPER
The diameter of a tree trunk.
CAMPGROUND
Any portion of land used for the purpose of providing a space or spaces for trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting, or occupancy of such space.
CAMPUS
The grounds and buildings of an institution, educational facility, or business park.
CARTWAY
The portion of a street right-of-way, paved or unpaved, intended for vehicular traffic.
CELLAR
A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground.
CEMETERY
Land used or intended to be used for the burial of the dead and dedicated to cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries, when operated in conjunction with and within the boundary of such cemetery.
CENTER LINE
The projected line running exactly halfway between and parallel to the right-of-way lines of a street.
CESSION DEED
The conveyance to a local government body of private property street rights.
CITY
Altoona, Pennsylvania.
CITY COUNCIL
The governing body of the City of Altoona.
COMMERCE PARK
A tract of land that has been planned, developed, and operated as an integrated facility intended for a number of nonretail professional, business, personal, and other service uses, with special measures for traffic circulation, parking, utilities, and compatibility.
COMMERCIAL BUILDING
A building whose principal use is a commercial use. A building with a store on the first floor and apartments on the upper floors is a commercial building.
COMMISSION
The Altoona City Planning Commission.
COMMON OPEN SPACE
A parcel or parcels of land, an area of land, an area of water, or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, and areas set aside for public facilities.
COMMON OWNERSHIP
Ownership by one or more individuals in any form of ownership of two or more contiguous lots.
COMPREHENSIVE PLAN
When capitalized, the Comprehensive Plan for Altoona, as it may be amended from time to time. Otherwise, a plan plus any amendments or any of its component parts for the development of a county or municipality, providing the continuing orderly development of the municipality. The plan includes such elements as a statement of community development objectives, plans and policies for land use, housing, transportation, community facilities and utilities, and strategies for plan implementation.
CONDOMINIUM
Ownership in common with others of a parcel of land and certain parts of a building thereon which would normally be used by all the occupants, together with individual ownership in fee of a particular unit or apartment in such building or on such parcel of land and may include dwellings, offices, and other types of space in commercial and industrial buildings or on real property.
CONDUCT BUSINESS
Any person who does any one or more of the following shall be deemed to be conducting business:
A. 
Operates a cash register, cash drawer or other depository on the premises where cash funds or records of credit cards or credit card transactions generated in any manner by the operation of the establishment or the activities conducted therein are kept.
B. 
Displays or takes orders from any customer for any merchandise, goods, entertainment or other services offered on the premises.
C. 
Delivers or provides to any customer any merchandise, goods, entertainment or other services on or from the premises.
D. 
Acts as a door attendant to regulate the entry of customers or other persons into the premises.
E. 
Supervises or manages other persons in the performance of any of the foregoing activities on the premises.
CONSERVATION DISTRICT
The Blair County Conservation District.
COUNTY
Blair County, Pennsylvania.
COUNTY PLANNING COMMISSION
The Blair County Planning Commission.
COVERAGE
See "building, coverage" and "lot, coverage."
CROSSWALK
A right-of-way, municipally or privately owned, intended to provide access for pedestrians.
CUL-DE-SAC
A street having one end open to traffic and being permanently terminated by a vehicular turnaround.
DECISION
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations.
DEDICATION
The deliberate appropriation of land by its owner for any general and public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DENSITY
The cumulative measure of the average number of items in a specific space.
DEPARTMENT
Generally, the Altoona Planning and Community Development Department; however, other City departments may be referred to in this manner when the context is appropriate.
DESIGN CONTINUITY
A unifying or connecting theme or physical feature for a particular setting or place.
DESIGN CRITERIA
A. 
Engineering guidelines specifying construction details and materials.
B. 
Objectives, results, or limits which must be met by a facility, structure, or process in performance of its intended functions.
DESIGN FIT
Continuity in a scale, quality, or character between new and existing development so as to avoid abrupt or severe differences.
DETERMINATION
Final action by an officer, body, or agency charged with the administration of any land use ordinance or applications thereunder, except City Council, the Zoning Hearing Board, and the Planning Commission.
DEVELOPER
The person, persons, or any corporation, partnership, association, or other entity or any responsible person therein or agent therefor that undertakes the activities associated with changes in the built or human environment. The term "developer" is intended to include but not necessarily be limited to the terms "subdivider," "owner," and "builder" even though the individuals involved in successive stages of a project may vary.
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 streets and other paving; any activity affecting stormwater runoff characteristics; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
DEVELOPMENT PLAN
The provision for development including a plat, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DRAINAGE
The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development.
DRAINAGE AREA
A. 
The area of a drainage basin or watershed, expressed in acres, square miles, or other unit of area. Also called "catchment area," "watershed," "river basin."
B. 
The area served by a sewer system receiving stormwater and surface water or by a watercourse.
DRAINAGE EASEMENT
A right granted by a landowner to a grantee allowing the use of private land for stormwater management purposes.
DRAINAGE FACILITY
Any ditch, gutter, culvert, storm sewer or other structure designed, intended, or constructed for the purpose of carrying, diverting, or controlling surface water or groundwater.
DRIVEWAY
A private vehicular passageway providing access between a street and a private parking area or private garage.
DWELLING or DWELLING UNIT
Any structure, or part thereof, designed to be occupied as living quarters as a single housekeeping unit.
A. 
ATTACHEDA one-family dwelling physically attached to two or more one-family dwellings by common vertical walls.
B. 
DETACHEDA dwelling that is not physically attached to any other dwelling by any means.
C. 
TWIN OR SEMIDETACHED HOUSEA residential structure occupied by two dwelling units with a common wall, with each unit on a separate lot.
D. 
DUPLEXA residential structure divided into two dwelling units.
E. 
ROW HOUSE or TOWNHOUSEA single-family dwelling unit 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 vertical common fire walls.
F. 
MULTIFAMILYA building containing three or more dwelling units.
(1) 
APARTMENTOne or more rooms with a private bath and kitchen facilities, comprising an independent, self-contained dwelling unit.
(2) 
EFFICIENCYA dwelling unit consisting of not more than one habitable room, together with kitchen facilities and sanitary facilities.
(3) 
GARDEN APARTMENTOne or more multifamily structures not exceeding three stories.
(4) 
HIGH-RISE APARTMENTAn apartment house exceeding eight stories in height.
(5) 
LOW-RISE APARTMENTAn apartment house up to eight stories in height.
(6) 
UPPER FLOORDwellings which exist entirely above ground level, with the exception of necessary entrances.
G. 
CONVERSION APARTMENTTwo or more dwelling units installed into a structure which was originally built as a single-family detached dwelling.
EARTHMOVING ACTIVITY
A construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision, development, mineral extraction, and the moving, depositing, or storing of soil, rock or earth.
EASEMENT
The grant of one or more property rights by the property owner to and/or for use by the public, a corporation, an entity, or a person or persons.
ELEVATION
An elevation measured from a datum plane. For the purpose of this chapter, all elevations are referenced to the National Geodetic Vertical Datum of 1929 (NGVD) based on mean sea level.
ELEVATION PLAN OR VIEW
A plan view of a building drawn as it would appear if the viewer were looking at the building across a horizontal plane standing at ground level.
EMINENT DOMAIN
The authority to acquire or take, or to authorize the taking of, private property for public use or public purpose.
ENCROACHMENT
Any structure or activity which in any manner changes, expands or diminishes the course, current or cross section of any watercourse, floodway or body of water, or intrudes within established regulatory or ownership boundaries.
EROSION
Wearing away of the lands by running water, glaciers, winds and waves.
EROSION AND SEDIMENTATION CONTROL PLAN
A plan for a project site which identifies best management practices to minimize accelerated erosion and sedimentation resulting from the removal of the surface of the land through the combined action of man's activities and natural processes.
EROSION CONTROL
The application of measures to reduce erosion of land surfaces.
EXCAVATION
Any act by which earth, sand, gravel, rock, or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated, or bulldozed. It shall include the conditions resulting therefrom.
FACADE
The exterior walls of a building exposed to public view or that wall viewed by persons not within the building.
FENCE
An artificially constructed barrier of any material, including vegetation, or combination of materials erected to enclose, screen, or separate areas. Screening, vegetative or otherwise, required by this chapter shall not constitute a fence.
FINANCIAL SECURITY
Any form of security, including a cash deposit, surety bond, collateral, property, or instrument of credit and restrictive or escrow account's from federal- or commonwealth-chartered lending institutions, in an amount and form satisfactory to the Planning Administrator and to be used wherever required by these regulations. (See Ch. 535, Part 9.)
FRONTAGE
The linear distance which a property line runs coincident with a street right-of-way line. Frontage may be measured from any abutting street, but all required frontage must be measured from the same street. The street from which frontage is gained need not be the street to which the structure(s) on the lot are faced. Frontage cannot be pained from alleys, driveways, or elevated or buried roadways.
FRONTAGE ROAD
Minor collector streets parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with an arterial street.
GENERAL PUBLIC
Any and all individuals, without any prior qualifications.
GOVERNING BODY
The Altoona City Council.
GRADE
The slope of ground, street, or other public way, specified in percentage of change in elevation per horizontal distance; the act of altering the topography of undisturbed land.
GRADE, FINISHED
The completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
HEARING
An administrative proceeding conducted by a board.
HISTORIC STRUCTURE
Any structure that is:
A. 
Listed individually in the National Register of Historic Places (a listing maintained by the United States Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. 
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;
C. 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or
D. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(1) 
By an approved state program as determined by the Secretary of the Interior; or
(2) 
Directly by the Secretary of the Interior in states without approved programs.
HUMAN SCALE
The proportional relationship of a particular building, structure, or streetscape element to the human form and function.
IMPACT FEE
A fee imposed on a development to finance the cost of improvements to services and infrastructure necessary to accommodate the development and its effects.
IMPERVIOUS
Not allowing or allowing only with great difficulty the movement of water; impermeable.
IMPROVED STREET
See "street, improved."
IMPROVEMENTS
Any physical addition or installation or construction required by the City to render land suitable for the use intended and including, but not limited to, streets, curbs and gutters, sidewalks, street signs and lights, walkways, sewer and water facilities, monuments and markers, grading, and stormwater drainage facilities.
LAND DEVELOPMENT
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving any activity enumerated in § 640-44 or as otherwise defined in the Municipalities Planning Code.
LAND DISTURBANCE
Any activity involving the changing, grading, transportation, fill and any other activity which causes land to be exposed to the danger of erosion.
LAND SURVEYING
The location, relocation, establishment, reestablishment or retracement of any property line or boundary of any parcel of land or any lot right-of-way, easement, or alignment. This process shall include the principles of land surveying; determination of the position of any monument or reference point that marks a property line, boundary, or corner; setting, resetting, or replacing any such monument or individual point, including the writing of deed descriptions. This process shall also include the determination of elevations and topographic surveys. Land surveying shall be practiced by a surveyor or engineer registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying.
LANDLOCKED
Any lot or parcel without any access to the public roadway system.
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 or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LANDSCAPE
A. 
An expanse of natural scenery.
B. 
Lawns, trees, plants, rocks, wood chips, and decorative features such as sculptures, patterned walks, fountains, and pools.
LOADING BERTH(S)
A space utilized for the loading or unloading of cargo, products, or materials from vehicles.
LOT
A parcel of land occupied by, or which may be occupied by, a building and/or an accessory building, and including the yards and other open spaces required by this chapter for the land, shown by deed as a separate lot or parcel. Land called out as separate parcels on the same deed shall be considered separate lots.
LOT AREA
The total area within the lot lines.
LOT AVERAGING
A design technique permitting one or more lots in a subdivision to be undersized, providing the same number of lots in the same subdivision are oversized by an equal or greater area. The desired effect is to have the average size of all the lots in the subdivision meet or exceed the minimum lot dimensions for the zone in which it is located.
LOT COVERAGE
That percentage of the parcel or lot area that is covered by the buildings, pools, and roofed accessory structures.
LOT LINE
A line of record bounding a lot that divides it from an adjacent property, street, right-of-way, or public space.
LOT OF RECORD
A lot that exists as shown or described on a plat, subdivision or deed in the records of the local Recorder of Deeds.
LOT WIDTH
The distance between side lot lines as measured at the setback line.
LOT, CONFORMING
An occupied or unoccupied lot whose area and dimensions meet the requirements of the zoning district in which it is located.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting streets or private roads, or at the point of abrupt change of a single street or private road, where the interior angle is less than 135°.
LOT, DEPTH
The distance between the front lot line and rear lot lines, measured perpendicularly to the right-of-way line at the center point between the two side lot lines.
LOT, IMPROVED
A lot on which a building or structure exists.
LOT, INTERIOR
A lot other than a corner lot.
LOT, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial and a minor street, with vehicular access solely from the latter.
LOT, THROUGH
A lot that fronts on two streets that do not intersect at the boundaries of the lot.
LOWER-FLOOR COMMERCIAL
A facility, usually in a residential zone, where the primary residential use is located above the ground floor, leaving the lower floor(s) for commercial use. This commercial use is subordinate to the residential use of the property, and usually, though not always, serves the residents above.
MARKER
A concrete, wood or metal stake placed to designate the boundary and corners of lots in the subdivision of land for the purpose of reference in land and property survey and to facilitate the sale of lots.
MIXED-USE DEVELOPMENT
The development of a tract of land, building, or structure with a variety of complementary and integrated uses in a compact urban form.
MOBILE HOME
A transportable, residential structure 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 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 erections thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes. Also, a site containing spaces with required improvements and utilities that are leased for the long-term placement of mobile homes and that might include services and facilities for the residents.
MONUMENT
Stone or concrete monument of known coordinates, established by professional land surveyors, and utilized to locate property lines.
NEIGHBORHOOD
An area of a community with characteristics that distinguish it from other areas of that community, and which may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers (e.g., major highways, railroads, and natural features such as rivers).
NONCONFORMING BUILDING
A structure or building, the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements.
NONCONFORMING LOT
A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision, or amendment of this chapter, but that fails by reason of such adoption, revision, or amendment to conform to the present requirements.
NONRESIDENTIAL SUBDIVISION
A subdivision whose intended use is other than residential, such as commercial or industrial.
OFF-SITE PARKING
Parking provided for a specific use but located on a parcel other than the one on which the specific use is located.
ON-SITE STORMWATER MANAGEMENT
The control of runoff to allow water falling on a given site to be absorbed or retained on site to the extent that, after development, the peak rate of discharge leaving the site is not significantly different than if the site had remained undeveloped.
OPEN SPACE
That space open from the ground to the sky of which 80% must be vegetative material.
OPEN SPACE RATIO
Total area of open space divided by the total site area in which the open space is located.
OUTDOOR STORAGE
The keeping of any goods, junk, material, merchandise, or vehicles in the same area for more than 24 hours.
PARKING AREA
Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles. This term includes parking lots, garages, private driveways, and legally designated areas of public streets.
PARKING AREA, PRIVATE
A parking area for the exclusive use of the owners, tenants, lessees, customers, employees, or occupants of either the lot on which the parking area is located or the business situated on that lot.
PARKING AREA, PUBLIC
A parking area open to the public with or without payment of a fee.
PARKING LOT
Any place, lot, parcel, or yard used in whole or in part for storing or parking six or more motor vehicles, where a storage or parking fee is charged or where the lot is operated in connection with or for the use of the customers of a retail store, theater, or any commercial, industrial, or institutional use.
PARKING SPACE
A space for the parking of one motor vehicle within a public or private parking area or on a dedicated street.
PERMIT
Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such an authorization.
PERMITTEE and/or LICENSEE
A person in whose name a permit and/or license has been issued. This person is also the individual listed as an applicant on the application for a permit and/or license.
PERSON
An individual, partnership, sole proprietorship, public or private association or corporation, firm, trust, company, corporation, estate, municipality, government unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PLAN, FINAL
A complete and exact development plan prepared for official recording as required by statute; a final plat.
PLAN, PRELIMINARY
A development plan in lesser detail than a final plan.
PLAN, SKETCH
An informal optional submission preparatory to the preliminary plan, showing the general intent of the applicant.
PLANNING COMMISSION
The Altoona City Planning Commission.
PLANNING DEPARTMENT
Altoona Planning and Community Development Department.
PLAT
A map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
PLAYGROUND
An active recreational area with a variety of facilities, including equipment for younger children, court games, and field games.
PLAZA
A new development or existing single structure designed to be occupied by multiple retail businesses or business offices primarily through floor space rental or lease agreements. A group of retail establishments planned, constructed, and managed as a total entity with customer and employee parking provided on site, provision of goods' delivery separated from customer access, and protection from the elements via a canopy or other enclosure.
PRIVATE ROAD
A legally established right-of-way, other than a street, which provides the primary vehicular access to a lot or lots, and is privately maintained.
PROPERTY
A lot, parcel, or tract of land, as well as the building and structures located thereon.
PROPERTY LINE
See "lot line."
PROPERTY LINE CHANGE
A change in lot lines between two adjacent lots of record which does not involve the creation of a third new lot nor the elimination of one of the lots.
PROPERTY MERGER
The elimination of a property line between two lots to create one lot from the original two. Such action requires approval under this chapter.
PUBLIC GROUNDS
A. 
Parks, playgrounds, trails, paths, and other recreational areas and other public areas.
B. 
Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities.
C. 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the appropriate agency, intended to inform and obtain public comment, prior to taking action on a matter before the agency.
PUBLIC IMPROVEMENTS
Permanent and temporary access roadways and appurtenances, rights-of-way, erosion and sedimentation control facilities, storm water management facilities, public sanitary sewerage system, lighting, parking, and any other facility intended to be used by and/or for the benefit of the public.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[1]
QUIT CLAIM
A legal document conveying interest, not property, between parties.
RESERVE STRIP
A parcel of ground separating a street from other adjacent properties or from another street, which shall prevent a street from being connected or extended across property lines.
RETENTION POND
A basin, usually enclosed by artificial dikes, that is used to retard stormwater runoff by temporarily storing the runoff and releasing it at a predetermined rate. Retention ponds remain wet once the runoff has been discharged.
RIGHT-OF-WAY
A. 
A strip of land that is acquired by reservation, dedication, forced dedication, prescription, or condemnation, and is intended to be occupied by a road, crosswalk, railroad, electric transmission line, oil pipeline, gas pipeline, waterline, sanitary sewer line, storm sewer line, and/or other similar use:
B. 
Generally, the right of one to pass over the property of another.
SCREENING
A vegetative material, landscaping, or opaque fencing of sufficient height and density to filter adequately from the adjacent properties light, noise, odors, and the views of the structures and uses on the premises upon which the landscaping, vegetative material, or fence is located.
SEDIMENT
Mineral or organic solid material that is being transported or has been moved from its site of origin by air, water or ice and has come to rest.
SEDIMENT BASIN
A barrier, dam, retention or detention basin located and designed to retain rock, sand, gravel, silt, or other material transported by water.
SEPTIC TANK
A watertight receptacle which receives sewage or industrial wastes and is designed and constructed to provide for sludge storage, sludge decomposition, separating solids from liquids through a period of detention before allowing the liquid to be discharged.
SETBACK
The distance that must be maintained between all parts (except for walks and steps) of all buildings (except permitted accessory uses as stipulated) and a specified lot line or publicly held right-of-way.
SETBACK LINE
The line within a property defining the required minimum or maximum distance between any building to be erected and the adjacent property line.
SHADE TREE
A tree in a public place, street, special easement, or right-of-way adjoining a street, as provided in these regulations.
SIGHT DISTANCE
The required length of roadway visible to the driver of a passenger vehicle at any given point on the roadway when the view is unobstructed by traffic. Sight distance measurements shall be made from a point 10 feet from the edge of a cartway, 3 1/2 feet high, to a point 3 1/2 feet above the road surface.
SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a distance of 50 feet from the intersection of the street center lines.
SIGN
Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. Signs are considered accessory structures or uses on a lot.
STABILIZATION
Natural or mechanical treatment of a mass of soil or ground area to increase or maintain its stability and ensure its resistance to erosion, sliding, or other movement.
STREET
A right-of-way, including cartway, sidewalk space, and planting space, if any, which affords the principal means of access to abutting property. A street may be designated as a highway, thoroughfare, parkway, boulevard, road, avenue, lane, drive, place, or other appropriate name. Types of streets are:
A. 
EXPRESSWAYThose highways whose primary function is to move traffic with little or no land service and to accommodate large volumes of relatively high-speed traffic. Usually, a high degree of access control is provided with few, if any, intersections at grade.
B. 
ARTERIAL STREETSThose streets whose primary function is to serve comparatively high volumes of through traffic at speeds higher than desirable on a collector and minor street.
C. 
COLLECTOR STREETSThose streets which, in addition to providing access to abutting properties, collect traffic from minor streets and provide routes to community facilities and the arterial street system.
D. 
FEEDER STREETA class of street which primarily provides access to abutting properties and secondarily collects traffic and directs it into collector and arterial class streets.
E. 
LOCAL STREETSThose streets used primarily to provide access to abutting properties, including but not limited to cul-de-sac and marginal access streets.
F. 
FRONTAGE ROADMinor streets parallel and adjacent to arterial streets, providing access to abutting properties and control of intersections with arterial street.
G. 
ALLEYA minor public or private thoroughfare other than a side street, which affords only a secondary means of access to abutting property and not for general traffic circulation.
STREET LINE
The limit of a right-of-way.
STREET, IMPROVED
A strip of land in a dedicated right-of-way or formal easement which contains such improvements so as to provide proper access to and from abutting properties as well as any other properties which require its use for access. Generally, a street is considered improved if it is public or if it has been constructed to the standards set forth by the Planning Administrator under the procedure in Article V, Determination of Adequate Access to Land.
STREET, PRIVATE
Those streets not officially dedicated and/or accepted by the City.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not directly affixed to the land.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SURVEYOR
An individual licensed and registered under the laws of the Commonwealth of Pennsylvania to engage in the practice of land surveying. A surveyor shall not perform engineering as defined by this chapter, unless the surveyor is also a registered engineer.
TEMPORARY OCCUPANCY
Occupancy of a campground or organized camp for no more than six months in any consecutive twelve-month period.
TEMPORARY USE
A use of a limited duration that is to be discontinued after the expiration of a time period.
TENT
A portable lodging unit usually made of skins, canvas, plastic, or strong cloth stretched and usually sustained by poles, and dependent upon separate toilet and lavatory facilities.
TOPOGRAPHIC MAP
A map showing the elevations of the ground by contours or elevations, including all existing topographic features such as streams, roads, streets, existing facilities, and improvements, as specified herein.
TOPSOIL
Surface soil and subsurface soil which presumably is fertile soil and ordinarily rich in organic matter or humus debris.
TRANSFER OF OWNERSHIP OR CONTROL
Includes any of the following:
A. 
The sale, lease or sublease of the property or business:
B. 
The transfer of securities which constitute a controlling interest in the property or business, whether by sale, exchange or similar means; or
C. 
The establishment of a trust, gift or other similar legal device which transfers ownership or control of the property or business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
USE
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
UTILITY
Any agency that provides the public with electricity, gas, heat, water, sewer, communications, and transportation. Includes public utilities, though not all services included within this definition are public utilities.
WAIVER
When the subdivider or developer can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to because of conditions peculiar to the site and where, in the opinion of the City, a departure from this chapter may be made without destroying the intent of such provisions, the City may authorize a waiver. A modification to the minimum standards of this chapter. (See modifications.)
WALL
The vertical exterior surface of a building. Also, the vertical interior surfaces that divide the space within a building into rooms.
WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITY
A system for supplying and distributing water from a common source to two or more dwellings and other buildings within a subdivision, neighborhood, or whole community, the total system being publicly or privately owned.
WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT
A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.
WETLAND
Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, ferns, and similar areas.
WINDOW
An opening in an exterior wall, other than a door, which provides all or part of the required natural light, natural ventilation, or both, to an interior space.
YARD
An open space that lies between the principal building or buildings and the nearest lot line.
YARD, FRONT
The area between the front lot line and the principal building(s).
YARD, REAR
The area between the rear lot line and the principal building(s).
YARD, SIDE
The area between a lot line which is not coincident with any right-of-way line and the principal building(s).
ZERO LOT LINE
The location of a building on a lot in such a manner that one or more of its walls rest directly on a lot line.
[1]
Editor's Note: Said act was repealed 10-15-1998 by P.L. 729, No 93; see now Sunshine Act, 65 Pa.C.S.A. § 701 et seq.