Unless otherwise expressly stated, the words and phrases listed
in the definition section of this chapter shall be construed throughout
this chapter to have the meaning therein indicated. The singular shall
include the plural and the plural the singular. The present tense
shall include the future tense. The words "shall" and "will" are always
mandatory.
The following words and phrases shall have the meanings hereinafter
indicated, unless the text clearly states an alternative or different
meaning:
That which conforms to published and accepted principles,
tests or standards of nationally recognized technical or scientific
authorities.
A building or structure detached from and subordinate to
the main building situate on the same lot and used for purposes customarily
incidental to the main building.
A use separated from, subordinate to and customarily incidental
to the use of the main building and situate on the same lot. Except
as otherwise set forth in this chapter, the accessory use shall comply
with the maximum height and minimum setbacks applicable to the principal
use that the accessory use is subordinate to.
[Amended 5-2-2016 by Ord.
No. 2016-659]
An establishment which has a substantial or significant portion
of its stock-in-trade, books, magazines, photographs, pamphlets, newspapers,
story papers, comic books, writings or other materials which emphasize
matter depicting, describing or relating to specified sexual activity
or specified anatomical areas as described hereinafter.
An enclosed building or outdoor theater or booth used for
the presentation of pictures, motion pictures, slides, video tapes,
digital file or other similarly reproduced images distinguished or
characterized by an emphasis on matter which depicts, describes or
relates to specified sexual activities or specified anatomical areas
(as defined in the definition for “adult book store” above)
for observation by patrons.
[Amended 6-6-2022 by Ord. No. 2022-722]
The use of a lot, parcel or tract of land for animal husbandry,
raising, keeping or selling of truck, field, and tree crops. The term
"agriculture" does not include riding academies, liveries or boarding
stables, commercial dog kennels or the raising of fur-bearing animals.
A thoroughfare having a right-of-way width of less than 16
feet dedicated to public passage, identified as a street on the Borough's
Official Zoning Map.[1]
Water-deposited soils, including:
A change or rearrangement in any structural part of an existing
facility, building or structure or in an exit or entrance, or an enlargement
thereof, whether by extension of a side or by an increase in height
or by a movement of any or all of a structure from one location or
orientation to another.
Includes but is not limited to man-made trees, clock towers,
bell steeples, light poles and similar alternative design mounting
structures that camouflage or conceal the presence of commercial communication
towers and antennas.
All manner and form of entertainment, all forms of rides
and entertainment at fairgrounds and amusement parts, athletic contests,
all other forms of diversion, sport, recreation, pastime, shows, exhibitions,
contests, displays and games.
An establishment having in excess of five amusement devices,
either electrical or electromechanical, available for use by patrons
or the public, except for licensed bars, taverns, or social clubs,
which may have up to 10 amusement devices available to the public.
A device, other than a jukebox, that is used or designed
to be used to provide amusement or entertainment to the user for a
fee, and shall include but shall not be limited to pinball machines,
video display games, billiard tables, simulated sport machines and
biorhythm machines.
The raising, keeping or training of livestock, poultry, avian,
or other animals, except within the principal residence of the owner.
The American National Standards Institute, a nonprofit, privately
funded membership organization that coordinates the development of
U.S. voluntary national standards and is the U.S. representative to
non-treaty international standards setting entities including the
International Organization for Standardization (ISO) and the International
Electrotechnical Commission.
A dwelling unit contained in a building, structure or part
thereof, leased to an occupant for residential purposes.
A portion of a building or structure that is completely or
partially beneath the average elevation of the finished grade.
An owner-occupied establishment where the public may, for
consideration, obtain sleeping accommodations and a morning meal served
in the guest's room or a public dining room or rooms, which may include
a kitchen, apart from the public dining room or rooms in which food
is regularly prepared.
A free-standing panel-type sign or other free-standing sign type that advertises goods, persons, products or services which are not sold, manufactured, distributed or provided on the premises where the sign is situate. A billboard shall comply with § 675-133C and any other applicable requirements.
[Amended 2-7-2022 by Ord. No. 2022-719]
A building or structure used to shelter and/or feed in excess
of two individuals not members of the operators family, by prearrangement
and for definite period of time.
The Borough of Bath, Northampton County, Pennsylvania.
The Borough Council of the Borough of Bath, Northampton County,
Pennsylvania.
A continuous strip of land either landscaped or green space,
clear of all buildings, structures and parking areas.
A structure enclosed within exterior walls or fire walls;
built, erected or framed of component structural parts; designed for
the housing, shelter enclosure and support of individuals, animals
or property of any kind.
The aggregate area of any and all floor area of enclosed
or roofed buildings or structures. Such area shall be computed by
using outside building or structure dimensions of the ground floor
measured on a horizontal plane.
The percentage of a lot covered by building or structures.
The portion of a building lot which includes the footprint
of the principal building; all accessory structures exceeding 200
square feet and all parking areas, together with:
The vertical dimension of a building measured from the average
elevation of the finished grade at the perimeter of the building to
the highest point of the building.
The maximum allowable building area in relationship to front,
rear and side yard setbacks but subject to lot coverage restrictions.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for remuneration or gain, or the
occupancy or use of a building or premises or any portion thereof
for barter or monetary transaction or the rendering or receiving of
professional services.
A club, bar, tavern, theater, peep show, hall or similar
place that presents lewd entertainment, whether live, recorded or
simulated, for observation by consenting patrons.
A marquee.
A building or portion thereof used for the manual or mechanical
washing of automobiles and other similar vehicles.
The individual designated by a patient to deliver medical
marijuana.
[Added 2-6-2023 by Ord.
No. 2023-727]
A system providing portable telephone service to specific
subscribers. A cellular telephone may also be referred to as a "wireless
telephone."
A line equidistant from and parallel to the street, road,
alley, highway or cartway.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the Commonwealth of Pennsylvania.
[Added 2-6-2023 by Ord.
No. 2023-727]
A building or structure, or part thereof, used for the care
of 13 or more children who are not relatives of the operator or owner,
as licensed by the Commonwealth of Pennsylvania.
A building or structure, or part thereof, used for the care
of seven to 12 children who are not relatives of the operator or owner,
as licensed by the Commonwealth of Pennsylvania.
A place of organized congregational regular religious worship
or instruction.
An area of unobstructed vision at the street intersection
defined by the center lines of the streets and by a line of sight
between points on their center lines at a predetermined distance from
the intersection of the center lines. Actual distances required for
clear sight triangle shall be determined with reference to street
capacities and use of property, as well as physical features of the
property and surrounding grades.
An entity that:
[Added 2-6-2023 by Ord.
No. 2023-727]
Holds a permit both as a marijuana grower/processor and a marijuana
dispensary; and
Has a contractual relationship with a medical marijuana academic
clinical research center under which said academic clinical research
center or its affiliate provides advice to the entity regarding, among
other areas, patient health and safety, medical applications and dispensing
and management of controlled substances.
A building or structure, or part thereof, used to house a
club or social organization not conducted for profit and which is
not an adjunct to, operated by or in connection with a public tavern,
cafe or other public place.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communication Commission (FCC) to operate such device. This definition
shall not include private residence mounted satellite dishes or television
antennas or amateur radio equipment including without limitation ham
or citizen band radio antennas.
A structure other than a building, such as a monopole, self
supporting or guyed tower, designed and used to support commercial
communications antennas.
The maps, charts and textual material adopted by the Bath
Borough Council and designed as a whole and in its several parts as
the overall plan for continuing development of the Borough of Bath.
A use permitted in a particular zoning district only after
approval by Borough Council, pursuant to specific criteria for conditional
uses found in this chapter.
Real estate, portions of which are designated for separate
ownership for residential purposed and the remainder of which is designated
for common ownership solely by the owners of those portions. Real
estate is not a condominium unless the undivided interests in the
common elements (portions of a condominium other than the residential
units) are vested in the unit owners.
A building, structure or part thereof, containing 12,500
square feet or less floor area, which stores and sells, primarily,
prepackaged food, grocery and beverage items.
The change of a building or structure, or part thereof, from
one use category to another.
A lot fronting on two intersecting streets.
A number determined by dividing the total number of dwelling
units by the base site area (total amount of land in the tract to
be developed minus all of that land within the street right-of-way).
Density requirements shall be determined in direct proportion to lot
size, i.e., maximum eight units per acre, four units per 1/2 acre,
two units per quarter acre.
Any man-made change to improved or unimproved land, including
but not limited to buildings, structures, mobile homes, streets, paving,
utilities, filling, grading, excavation, mining, dredging or drilling
operations, and the subdivision of land.
A building, structure or portion thereof containing living
quarters for students, staff or members of a college, university,
boarding school, theological school, hospital, religious order or
comparable organization and is either owned or managed by said organization.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the road. The access should be for the use of the property owner
only. Under no circumstances will the driveway serve as an access
road.
One or more rooms providing living facilities for one family
or an individual used or intended to be used for sleeping, eating
and other day-to-day residential activity.
A building divided horizontally into two dwelling units.
See "garden apartment."
A dwelling unit made of one or more prefabricated sections
and erected on a permanent foundation, the essential utilities for
which may be either prefabricated or installed on site.
A building designed and used for three or more dwelling units.
A building designed and used as one dwelling unit, but vertically
connected or attached to another building also used as one dwelling
unit.
A single building containing one dwelling unit.
One of three or more dwelling units, the living areas of
which are divided from one another by unpierced vertical party walls.
One dwelling unit designed and used for residential purposed
having three or fewer walls in common with an adjacent building also
designed and used for one dwelling unit.
A building designed and used for two dwelling units connected
vertically by one wall.
A liberty, privilege or advantage which one has in the lands
of another for a precise and definite purpose not inconsistent with
and subordinate to the owner's general property rights, usually ingress
and egress.
An assemblage of equipment for transferring electric power
rather than for its generation or utilization.
The following specific, CATV and utilities (gas, water, sewer,
telephone, cable TV and electric), whether owned, operated or maintained
by a private, public or municipal corporation, authority or agency,
including but not limited to all building, poles, wires, mains, drains,
sewers, pipes, conduits, cable, hydrants and other similar equipment
and accessways associated therewith owned, operated or maintained
by said private, public or municipal corporation, authority or agency.
A buildings exterior surface, including doors or windows.
The area on the ground within a prescribed radius from the
base of a commercial communications tower. The fall zone is the area
within which there is a potential hazard from falling debris or the
collapsing of the commercial communications tower. The fall zone shall
be determined by the applicants engineer and reviewed by the municipal
engineer.
One or more persons related by blood, marriage, adoption
or foster relationship, living together as a single housekeeping unit;
or a group of unrelated person who are living together in a single,
nonprofit dwelling unit and maintaining a common household with a
single cooking facility. The term "family" shall not include the occupants
of a clubhouse, hotel, motel, fraternity house, boarding, rooming
or group home.
A child-care facility, located in a home, where four to six
unrelated children are cared for, in accordance with the regulations
issued by the Commonwealth of Pennsylvania.
A barrier of wood, masonry, stone, wire, metal or other manufactured
material or combination of materials erected as an enclosure or to
separate areas of land.
See "grade, finished."
A temporary inundation by surface water or land areas not
continually inundated.
That portion of the floodplain outside of the floodway.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
during a one-hundred-year design frequency storm or an area subject
to the accumulation or runoff of surface waters from any source.
Areas within the five-hundred-year floodplain and areas containing
alluvial soils.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge flood waters
in a one-hundred-year design frequency storm without cumulatively
increasing the water surface elevation more than one foot at any point.
The floor area shall be construed as the sum of areas on
all floors of the building measured from the outside faces of the
exterior walls, including halls, lobbies, stairways, closets, elevator
shafts, enclosed porches and balconies and below-grade floor areas,
but excluding open terraces, patios, atria and balconies, carports,
detached garages, breezeways and tool sheds.
Those areas, groves or stands of mature or largely mature
trees covering an area greater than 1/4 of an acre; or groves of mature
trees consisting of more than 10 individual trees. For the purposes
of this definition, "mature trees" shall be defined as those trees
having a width of six-inch caliper at a height of 14 inches above
the ground.
A sign which is supported by one or more columns, uprights,
braces or similar structures which are affixed to or are situated
upon the ground.
That part of a lot abutting a street right-of-way, commonly
referred to in terms of feet of frontage.
Any substance that is burned, consumed or otherwise used
for the production of heat, power or energy.
A place where amusement devices are provided and utilized
as the principal use of the premises. (See also "amusement arcade.")
A building or part thereof, whether or not enclosed, used
for the storage of vehicles or used for the convenience of the owner
or occupants of the main building and in which not business, use or
service is rendered, provided or conducted for other than the owner
or occupant.
A building or part thereof used for the storage of one or
more vehicles for remuneration which may include facilities and equipment
for servicing, repairing, washing or reconditioning vehicles, as well
as any and all services or equipment provided by or at a motor vehicle
service station.
A building or group of buildings containing therein on or
more multifamily dwellings, designed as an integrated development,
limited to a height of 48 feet, with the dwellings therein leased
to the occupants for a definite period of time of at least 30 days.
[Amended 12-6-2021 by Ord. No. 2021-715]
A lot, parcel or tract of land primarily used for the sport
of golf, including all golf holes, practice tees, ranges and clubhouses,
if any.
The surface of the ground, lawns, walks or streets adjoining
the exterior walls of any building.
The completed surface of the ground, lawns, walks, streets,
driveway surface or parking surface area, adjoining the exterior walls
of any building.
Photocopy or computer generated printing processes not utilizing
zinc, lead, silkscreen, or physical offset printing presses and techniques,
and art and design studios. The term is distinguished from "offset
printing," which is a printing technique utilizing zinc, lead, or
physical offset printing techniques and press machinery rather than
photo technology or computer reproduction.
The total area of land for which development is proposed
including streets and other rights-of-way, parking areas, yards and
other open spaces.
The total floor area designed for tenant occupancy and exclusive
use including basements, mezzanines and upper floors.
A residential facility designed, maintained and used for
the provision of care and treatment to residents who are physically
or mentally disabled or who are experiencing family problems. A facility
shall only be considered a large group care facility is there is a
twenty-four-hour supervisory staff, the facility is affiliated with
a health care provider or nonprofit entity licensed or certified by
the commonwealth and the facility serves seven or more residents at
any one time. Group care facilities shall not include correctional
halfway houses. The term "group care facility" shall be deemed to
include the uses of ambulatory care facility, personal care facility,
custodial care facility, and assisted-living facility, as those terms
are utilized and regulated by the Commonwealth of Pennsylvania.
A facility having the same characteristics, requirements
and limitations as a large group care facility but serving six or
fewer residents. In addition, supervisory staff must reside on site.
The floor area within a building which is maintained for
year-round human occupancy. The term "habitable floor area" shall
not include basements, garages or accessory building space.
A building, structure, part thereof or obstruction determined
to have a substantial adverse effect on the safe and efficient use
of the navigable airspace.
Any garbage, refuse, biological waste, sludge from an industrial
or other wastewater treatment plant, sludge from a water supply treatment
plant, or air pollution control facility and other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from municipal, commercial, medical, industrial, institutional, mining
or agricultural operations, and from community activities, or any
combination of the above (but does not include solid or dissolved
material in domestic sewage, or solid or dissolved materials in irrigation
return flows or industrial discharges which are point sources subject
to permits under the Federal Water Pollution Control Act, or source,
special nuclear, or by-product materials as defined by the United
States Atomic Energy Act of 1954), which because of its quantity,
concentration, of physical, chemical or infectious characteristics
may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
or otherwise managed.
The term "hazardous waste" shall not include coal refuse as
defined in the Coal Refuse Disposal Control Act[2] and shall not include treatment sludges from coal mine
drainage treatment plants, the disposal of which is being carried
on pursuant to and in compliance with a valid permit issued pursuant
to the Clean Streams Law.[3]
The overall height of the tower from the base of the tower
to the highest point of the tower, including, but not limited to,
antennas, transmitters, satellite dishes or any other structures affixed
to or otherwise placed on the tower. If the base of the tower is not
on ground level, the height of the tower shall include the base of
the building or structure to which the tower is attached.
A building or group of buildings containing therein one or
more multifamily dwellings designed as an integrated development,
serviced by an elevator, limited to a height of 50 feet and with the
dwellings therein, leased to the occupants for a definite period of
time of 30 days or more.
That area designated on the Historic Overlap District Map of the Borough of Bath as determined by Chapter 349, Historic Preservation.
See "home occupation."
Any use conducted entirely within a dwelling unit by members
of the family residing therein, which is clearly incidental and secondary
to the residential use of the dwelling, does not change the residential
character thereof, and does not emit any sound or noise discernible
outside of the dwelling unit and requires no parking for patrons or
employees. The term "home occupation" shall include but shall not
be limited to post- and preschool care for six or fewer "latch-key"
children.
The office, studio or occupational room of a licensed physician,
surgeon, dentist, lawyer, architect, engineer or other similar state
licensed profession engaged in direct personal services, when such
a use is within a dwelling which is the bona fide principal residence
of the practitioner.
A building or part thereof used for the medical, psychiatric,
obstetrical or surgical care, on a twenty-four-hour basis, of four
or more in patients. The term "hospital" shall include general hospitals,
mental hospitals, tuberculosis hospitals, children's hospitals, and
any such other facilities which provide inpatient care.
An establishment where the public may, for consideration,
obtain sleeping accommodations and meals. Such establishment shall
have permanent bedrooms for the use of guests, a public dining room
or rooms operated by the same management, and a kitchen, apart from
the dining room or rooms, in which food is regularly prepared.
A surface which does not absorb moisture, water or rain and
includes roofs, buildings, parking areas, driveways, roads, streets
and any areas covered by concrete, asphalt, or compacted stone.
A dwelling unit as part of the main housing unit occupied
solely by family members related through blood or marriage.
The process of burning combustible solid waste.
A building or part of a building designed or redesigned to
be used for the purpose of leasing individual storage units to residential
customers for the purpose of storing and removing, by themselves,
personal property stored for noncommercial purposes. The storage of
toxic, flammable or explosive materials is prohibited and all leases
shall expressly so state. All leases must be in writing. The landlord
shall provide a copy of the relevant lease for any of the individual
storage units if requested by the Borough to do so. Each individual
storage unit must be an enclosed, secured unit containing a minimum
space of five feet long by five feet wide with a minimum height of
eight feet. Entry to each individual storage unit must be by a door
capable of being locked by the lessee. Access to individual storage
units must be by a corridor within the building. Entry to the required
corridor must be by an exterior or interior door with electronic security.
[Added 5-13-2015 by Ord.
No. 2015-653]
A planned, organized industrial district with an overall
development plan which is designed to insure compatibility between
the industrial operations therein and the existing character of the
community and to promote an open and parklike character.
Any child less than 18 months of age.
See "hotel."
A lot, building, or part thereof, which is used to collect
or store wastepaper, rags, scrap material or discarded material, or
which is used to collect, dismantle, store or salvage machinery or
vehicles which are unlicensed and are not in operating condition,
and shall also include the sale, resale, salvage or conversion to
some other use, of the parts of machinery, building supplies, or vehicles.
Any activity so defined in the most recent version of the
Municipalities Planning Code.[4]
Children under 12 years of age who have access to their homes,
but in general are tended by a neighbor.
Material or entertainment that features topless or bottomless
dancers, entertainers, employees or strippers; that shows simulated
sex acts or live or actual sex acts; that shows or suggests human
genitals in a state of sexual stimulation or arousal; that shows or
suggests the act of masturbation, sexual intercourse or sodomy; that
shows or suggests the fondling or erotic touching of human genitals,
pubic region, buttock or female breast; that shows human genitals,
pubic region, buttock or female breast below the top of the areola;
or that shows human male genitals in a discernibly turgid state, even
if completely or opaquely covered.
An off-street area used for loading and unloading of goods
and having a direct access to a public street or alley.
An on-street area used for loading and unloading of goods
and having direct access to the building for which the goods are being
delivered.
See "private club."
A parcel or tract of land occupied or which may be occupied
by buildings, accessory buildings, uses or accessory uses as permitted
by this chapter. Lot size shall be determined by reference to any
recorded subdivision plan, deed or other record found in the Office
of the Northampton County Recorder of Deeds.
An area of land which is determined by the limits of the
property lines bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in determining lot area.
The area of a lot covered by buildings, structures and/or
impervious surface, expressed in percentage.
[Amended 7-6-2009 by Ord.
No. 612]
The mean distance between the front and rear lot lines, measured
at right angles to the front lot line.
Any boundary of a lot. Any lot line not deemed a front or
rear yard line shall be considered a side lot line.
The street line at the front of the lot. On a corner lot,
the front lot line shall be as specified by the owner.
The lot line opposite to the front yard line.
The distance measured between the side lot lines at the required
or proposed building restriction line. When there is only on side
lot line, as in the case of single-family semidetached or some single-family
attached dwellings, the lot width shall be measured between the side
lot line and the center line of the party wall. For interior single-family
attached dwellings, lot width shall be measured between the center
lines of party walls.
[Amended 7-6-2009 by Ord.
No. 612]
A lot at the junction of and fronting on two or more intersecting
streets.
See "principal building."
The treatment or processing of raw products or the production
or assembly of finished products from raw or prepared materials into
new forms or qualities creating a new product.
Any lot, structure or facility used to house a vehicle or
vehicles that transport marijuana plants, seeds and/or products to
one or more marijuana grower/processor and/or one or more marijuana
dispensary.
[Added 2-6-2023 by Ord.
No. 2023-727]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by DOH to dispense medical marijuana or marijuana
for recreational use pursuant to said permit.
[Added 2-6-2023 by Ord.
No. 2023-727]
A medical marijuana academic clinical research center, marijuana
dispensary, marijuana grower/processor or marijuana delivery vehicle
facility.
[Added 2-6-2023 by Ord.
No. 2023-727]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana
or marijuana for recreational use pursuant to said permit.
[Added 2-6-2023 by Ord.
No. 2023-727]
A marijuana grower/processor, marijuana dispensary and/or
medical marijuana practitioner.
[Added 2-6-2023 by Ord.
No. 2023-727]
A roof-like structure which projects from and is supported
by the building to which it is attached. Marquees may project over
entrances and ground-floor windows.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania by Act 16 of 2016, as amended,
supplemented or replaced by the Commonwealth of Pennsylvania.[5]
[Added 2-6-2023 by Ord.
No. 2023-727]
An accredited medical school within the Commonwealth of Pennsylvania
that operates or partners with an acute care hospital licensed within
the Commonwealth of Pennsylvania that has been approved and certified
by the DOH to enter into a contract with a clinical registrant.
[Added 2-6-2023 by Ord.
No. 2023-727]
A physician who is registered with the DOH pursuant to Section
401 of Pennsylvania Act 16 of 2016, as amended, supplemented, or replaced
by the Commonwealth of Pennsylvania.[6]
[Added 2-6-2023 by Ord.
No. 2023-727]
A private club or social organization conducted on a membership
basis only.
Any adverse condition or hazard, which originates on one
lot or property and is spread to adjoining properties by the natural
elements or terrain or watercourses; e.g., chemical spills with fumes
spread by wind or liquid fuels spill spread by water or elevation
of terrain or other similar type of event.
[Added 12-4-2017 by Ord.
No. 2017-674]
A use of an existing building in the Parking Overlay District
for either: a single nonresidential permitted use (listed below) on
the first floor and a single nonresidential permitted use (listed
below) on the second floor; or a single nonresidential permitted use
(listed below) on the first floor and a dwelling unit on the second
floor.
The nonresidential permitted uses available for a mixed use
are as follows:
Drug store;
Flower shop;
Baked good store and confectionery store (retail only);
Gift, book and variety store;
Haberdashery, apparel store, jewelry store, shoe repair store
or tailor;
Barber and beauty shop;
Business office;
Professional office;
Small appliance sales and repair;
Delicatessen;
Eating and drinking establishment;
Medical and dental clinic;
Bed-and-breakfast.
A transportable single unit usable as a permanent dwelling,
office or place of assembly, or multiple units designed to be joined
into one integral unit capable of 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 with or without permanent foundation or attachment
to essential utilities. A mobile home is synonymous with the more
common term "manufactured home."
A parcel of land in a mobile home park used for the siting
of a single mobile home and improved with utility connections and
other necessary appurtenances.
A parcel of land which has been planned and improved for
the placement of mobile homes for nontransient use, consisting of
two or more mobile home lots.
An establishment where the public may, for consideration,
obtain sleeping accommodations, having at least eight permanent bedrooms
for the use of guests.
Any building or part thereof, which is used for supplying
services generally required for the operation and maintenance of vehicles,
including the sale or dispensing of gasoline or fuel. Motor vehicle
service stations may sell petroleum products, sell and service tires,
batteries, automotive accessories and replacement items, may provide
washing and lubrication services, may perform minor automotive maintenance
and may supply products for the operation and maintenance of vehicles.
Motor vehicle service stations shall not be used for painting or repair
of vehicle body parts.
An establishment wherein motorized vehicle repair, painting
or bodywork is conducted.
A theater which shows movies, motion pictures, videos or
other similarly reproduced entertainment on a screen located inside
a theater or located out of doors. Adult picture theater shall not
be considered a movie theater.
[Added 6-6-2022 by Ord. No. 2022-722]
A nonilluminating sign displaying only the name and occupation
of the occupant of a building, which shall not exceed two square feet
in size.
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
(except with regard to music teachers, art instructors, or academic
tutors), whether vehicular or pedestrian, pickup or delivery, to or
from the premises, in excess of those normally associated with residential
use.
[Amended 2-3-2003 by Ord.
No. 556]
A building, structure or portion thereof which, in its design
or location upon a lot, does not conform to the zoning regulations
for the district in which it is situate. To be considered nonconforming,
the use shall also have predated the implementation of zoning in the
Borough of Bath or was lawfully nonconforming prior to the enactment
of this chapter.
A lot, parcel, or tract of land legally existing at the date
of the passage of this chapter which does not conform to the minimum
lot area and dimension requirements of the zoning district in which
it is situate.
A sign or sign display area, legally existing at the date
of the passage of this chapter, that does not conform to the minimum
sign requirements as established by this chapter.
Any use of a lot, parcel, tract, building, structure or part
thereof which does not conform to the use requirements of the zoning
district in which said lot, parcel, tract, building, structure or
part thereof is situate. To be considered nonconforming, the use shall
also have predated the implementation of zoning in the Borough of
Bath or was lawfully nonconforming prior to the enactment of this
chapter.
Any structure, growth or object, whether or not fixed to
the ground, which exceeds the maximum height prescribed by the regulations
of a particular zoning district.
Use of a building or lot for a specific purpose.
An indoor establishment in which legal betting activities
are conducted, including pari-mutuel wagering.
An indoor establishment in which legal betting activities
are conducted, including pari-mutuel wagering activities, but excluding
"games of chance" under the Local Option Small Games of Chance Act.[7] The term shall specifically include "nonprimary locations"
as defined in the Race Horse Industry Reform Act.[8][9]
An area on private property designed and used for the parking
or storage of one or more passenger vehicles as an accessory use.
Private off-street parking areas shall include private garages, carports
and improved accessory parking spaces.
An open space, other than a street or other public right-of-way,
designed and used by the general public for the parking of vehicles.
A commercial establishment or use principally involving clerical,
professional or administrative work, which may include the provision
of customer services. No storage or display of goods and products
for sale shall be permitted in any office.
An area of land that is inundated by a storm that is statistically
anticipated to generate the most significant amount of rainfall in
any given one-hundred-year time period.
Businesses which operate on an open lot or a lot with no
permanent building, including but not limited to used car lots.[10]
Real property designed and used for the purpose of leasing
individual storage units to residential customers for the self-storage
of personal property stored for noncommercial purposes inside an all-weather
building. The facility shall have an accessory use of an office for
the leasing, administration and management of the individual storage
units.
[Added 5-13-2015 by Ord.
No. 2015-653]
Any person, agent, firm, corporation or other entity having
any legal, equitable or leasehold interest in property.
An area designed and used for the parking of a motor vehicle,
exclusive of passageways, driveways and accessways.
The Commonwealth of Pennsylvania Department of Health and
its successors.
[Added 2-6-2023 by Ord.
No. 2023-727]
A certificate issued by the Building Inspector, or other
Borough officer, for the construction, reconstruction, remodeling,
alteration or repair of a building, structure or part thereof.
A certificate issued by the Zoning Officer, or other Borough
officer, after approval by the Zoning Hearing Board, to allow the
conduct of a special use, which indicates thereon that the requirements
governing special uses in the Zoning Ordinance and all other applicable
zoning requirements have been met.
A certificate issued by the Zoning Officer, after approval
by the Zoning Hearing Board, for the conduct of a use for a limited
time period which indicates the duration of the permit and indicates
that all special requirements governing such use and all other applicable
zoning requirements have been met.
A certificate issued by the Zoning Officer stating that the
purpose for which a building or land is to be used is in conformity
with all requirements of the Zoning Ordinance for the zoning district
in which the use is situate.
A use of a lot, parcel, tract, building, structure, sign
or part thereof which is permitted by right in a particular zoning
district.
Any natural person, association, partnership, corporation
or other similar entity.
A building or group of buildings which shall include areas
designed, intended or used for public worship.
A tract of land or lot developed by a single landowner, planned
and developed as permanent, year-round residential units which may
or may not support commercial services, and which utilize a reasonable
degree of flexibility in the placement and interrelationship of buildings
and uses, while at the same time maintaining adequate overall intensity
of land use, density of population and amounts of light, air, access
and open space.
The Planning Commission of the Borough of Bath, Northampton
County, Pennsylvania.
A permitted use, conditional use or special exception use
permitted on a lot.
[Amended 7-6-2009 by Ord.
No. 2009-612; 5-13-2015 by Ord. No. 2015-653]
The single permitted use, conditional use or special exception
use permitted on a lot.
[Amended 7-6-2009 by Ord.
No. 612]
The building in which the principal or main use on a lot
is conducted.
Any building which serves as a meeting place for a selected
membership together with any recreation and dining facilities located
therein.
An occupation which involves specialized knowledge and intensive
academic preparation such as medical doctor, lawyer, professional
engineer or accountant.
An office where a professional occupation is conducted.
A building owned, used or managed by a municipality, an agency
of a municipality, a public utility, a commonwealth agency or a federal
agency.
Notice given in accordance with the provisions of this chapter
and of the Municipalities Planning Code, as amended.[11]
Used conducted by a municipality, an agency of a municipality,
a public utility, a commonwealth agency or a federal agency.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
Any use which is owned, operated or managed by a public utility
regulated by the Public Utility Commission or by a municipal authority.
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure time
or recreational use. Recreational vehicles include travel trailers,
truck-mounted campers, motor homes, folding tent campers and automobiles,
buses or trucks adapted for recreational use, snowmobiles, mini-bikes,
all-terrain vehicles, go-carts and boat trailers, and other vehicles
not suitable for daily conventional family transportation on streets
and highways.
Establishment involved primarily with fixing or repairing
goods, rather than with the retail sale of goods. Repair services
shall not be construed to include those relating to motorized vehicles
unless explicitly so stated.
Any establishment at which food is sold for consumption on
the premises. The term "restaurant" shall not include any snack bar
at a public or community playground, play field, park or swimming
pool operated by a governmental agency or municipal agency for the
convenience of the patrons of those facilities.
An establishment whose principal business is the sale of
food or beverages to the customer in a ready to consume state on edible
or disposal containers where no or limited seating is provided within
the premises.
An establishment where patrons are served food, soft drinks,
ice cream and similar confections for principal consumption off the
premises or in automobiles parked upon the premises, regardless of
whether or not in addition thereto seats or accommodations are provided
for the patrons.
An establishment involved in the sale of products in small
quantities to the ultimate consumer. Adult bookstores shall not be
deemed retail stores.
A building or group of buildings used only to permanently
house four or more persons of retirement age, and provide related
amenities. A retirement facility may included skilled nursing facilities,
intermediate care facilities and infirmaries, but such health facilities
may only be used to serve the principal residents. A retirement facility
may also include common dining, social areas, institutional kitchens,
pharmacies, and retail areas for the exclusive use of its principal
residents and their guests. Full- or part-time custodial or health
care staff may reside on the premises, to the extent reasonably necessary
to care for the principal residents.
Land dedicated to and accepted by a municipality or authority
for street or roadway purposes or for the installation of public utilities.
A structural covering constructed from of any material, being
supported by columns, piers, metal rods, walls or cantilevered from
a principal structure.
Any structure designed to treat sewage within the boundaries
of an individual lot.
A sanitary sewage collection system in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal plant which is owned and operated by a public entity.
A building or part thereof maintained for the purpose of
offering instruction, or in which classes are conducted, whether or
not for a consideration or tuition, to five or more pupils at one
and the same time, or to 25 or more pupils during any school year,
the purpose of which is to educate an individual generally or specially
or to prepare an individual for more advanced study, and shall include
all schools engaged in education, whether public, private or parochial.
The formation of a visual or acoustical barrier using such
materials as dense evergreen shrubbery or solid fencing of durable
wood, chain link with slats, or masonry construction.
An establishment engaged in the retail sale of gasoline and
similar products to motorists, in the repair of motorized vehicles,
or both.
The distance between a use, building or structure and the
closest lot boundary or right-of-way line.
A line designating the minimum setback from a particular
lot boundary or right-of-way line.
A public or private utility system designed to collect, centrally
treat and dispose of sewage from customers which must be in compliance
with Pennsylvania Department of Environmental Protection regulations
or regulations of the Borough, whichever are more stringent.
A group of commercial establishments which are planned, developed,
owned and managed as a unit, with shared parking facilities.
See "clear sight triangle."
Any permanent or temporary structure or part thereof, or
any device attached, painted or represented directly or indirectly
on or in a structure of other outdoor surface that shall display or
include any letter, word, insignia or representation uses as, or which
is in the nature of, an advertisement, announcement, visual communication,
direction, or is designed to bring the subject to the attention of
the public. The term "sign" shall not include the flag of any public,
quasi-public, civic, charitable or religious group.
A sign not exceeding 32 square feet which is attached to the exterior building wall and directs attention to a business, profession, products or services solely conducted or sold elsewhere than upon the property where the sign is displayed. An advertising sign shall comply with § 675-133B and any other applicable requirements.
[Added 2-7-2022 by Ord. No. 2022-719]
The two dimensional area included on one side of a sign,
which includes the frame or edge of the sign, if any. For measurement
purposes, the sign display area shall be deemed the smallest two-dimensional
square, rectangle, triangle, circle or combination thereof which will
encompass the entire side of the sign.
A sign which directs attention to a business, profession,
products or services solely conducted or sold elsewhere than upon
the property where the sign is displayed. For the purpose of this
chapter, a commercial billboard is an advertising sign.
A sign which directs attention to or identifies the business,
profession, products or services conducted or sold upon the property
where the sign is displayed.
A sign supported by, or suspended from, a freestanding column
or other support located in or upon the ground surface.
A sign on a residential building which directs attention
to a home professional office, home occupation or professional office
in such residential building.
A sign, constructed of cloth, canvas, fabric, wood, or other
similar material, with or without a structural frame and intended
for a limited period of display. For purposes of this chapter, real
estate and construction signs are temporary signs.
A sign painted upon or attached to a wall. If the sign is
painted upon a wall, such sign shall not project more than a 1/16
inch from the wall. If the sign is attached to the wall, the sign
display area of such sign shall be either parallel or perpendicular
to such wall. If the sign display area of such sign is parallel to
such wall, such sign shall not project more than six inches from the
wall. If the sign display area of such sign is perpendicular to such
wall, such sign shall not project more than 48 inches from the wall.
A window sign shall be considered a wall sign except for window signs
exempt by § 675-129C(13). A sign on an awning shall also
be considered a wall sign; the sign display area of such sign shall
be parallel to the awning and such sign shall not project more than
six inches from the awning. An illuminated sign hung in or attached
to a windowpane shall also be considered a wall sign, and the sign
display area of such sign shall be parallel to the windowpane, and
shall not project more than six inches from the windowpane.
[Amended 5-6-2013 by Ord.
No. 2013-631]
A business identification sign painted upon, hung in or attached
parallel to a windowpane. Such sign and the sign display area of such
sign shall not project more than a 1/4 inch from the windowpane. If
the window the sign is attached to is designed to open or close, the
window sign shall not interfere whatsoever with the window's ability
to open or close.
[Added 5-6-2013 by Ord.
No. 2013-631]
Any review of land development, building design or subdivision
plans by the Planning Commission or Borough Council, or both, necessary
before permission to commence or complete a project can be given.
Any waste, including, but not limited to, municipal, residual
or hazardous waste, including solid liquid, semisolid or contained
gaseous materials. The term "solid waste" does not include coal ash,
quarried material, or drill cuttings.
The incineration, deposition, injection, dumping, spilling,
leaking, or placing of solid wastes into the land or water in a manner
that the solid waste or a constituent of the solid waste enters the
environment, is emitted into the air or is discharged to the waters
of the municipality.
The containment of any waste on a temporary basis in such
a manner as is not intended to constitute permanent disposal of such
waste. The containment of any waste in excess of one year constitutes
solid waste disposal.
Any method, technique or process, including neutralization,
designed to change the physical, chemical, biological, character or
composition of any waste so as to neutralize such waste or so as to
render such waste nonhazardous, safer for transport, suitable for
recovery, suitable for storage, or reduced in volume. The term "solid
waste treatment" includes any activity or processing designed to change
the physical form or chemical composition of waste so as to render
it neutral or nonhazardous.
A use permitted in a particular zoning district only after
approval by the Board pursuant to the specific criteria for special
exceptions set forth in this chapter.
Any natural or man-made slope with a grade of 25% or greater
from horizontal plane.
[Amended 7-6-2009 by Ord.
No. 612; 8-3-2020 by Ord. No. 2020-693]
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
That part of a building between the surface of any finished
floor and the next floor above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it, unless the next lower
floor is a basement. Any floor under a sloping roof with a ridge pole
extending more than seven feet in height above the floor shall also
be considered a story.
A public thoroughfare which has been or will be dedicated
or deeded to the public for public uses and includes but is not limited
to roads, alleys, lanes and highways with a cartway of 16 feet or
greater.
ARTERIAL STREETA street serving a large volume of comparatively high-speed and long-distance traffic, including all facilities classified as main and secondary highways by the Department of Transportation.
COLLECTOR STREETA street which, in addition to providing access to abutting properties, intercepts local streets to provide a route giving access to community facilities, and/or other collector and arterial streets (streets in industrial and commercial subdivisions shall generally be considered collector streets).
LOCAL STREETA street used primarily to provide access to abutting residential properties.
Any man-made object, including a building constructed or
erected on or in the ground or water or upon another structure or
building and having an ascertainable stationary location. The term
"structure" shall not include walks, sidewalks, or driveways.
Chapter 580, Subdivision and Land Development.
A store occupying in excess of 12,500 square feet which sells
fresh and prepackaged food, groceries, housewares and toiletries,
but not clothing (except as incidental items), and is designed to
provide the full range of products customarily required to provide
sustenance for a household.
Any artificially constructed body of water and any lake or
pond maintained by an individual for bathing by the members of the
household and guests, located on a lot as an accessory use to the
residence.
Any artificially constructed pool or any lake or pond maintained
by an association or public agency for the use of association members
and guests or the general public either for a fee or for free.
A use or activity which might otherwise be prohibited by this chapter but is allowed for a limited period of time to serve the public interest, such as construction trailers, sales tents or vending trailers, and structures served by only a temporary occupancy permit. (See: i.e., §§ 675-15 and 675-49.)
A building designed and used for the enactment of dramatic
productions, showing motion pictures or holding lectures. Adult picture
theater shall not be considered a theater.
[Amended 6-6-2022 by Ord. No. 2022-722]
The cultivation of soil and the raising and harvesting of
products of the soil, including horticulture, nursery and field crops.
A use involving either a single or a large variety of materials,
including materials owned by numerous corporations, being transported
to a site to be unloaded primarily from and reloaded onto tractor-trailer
trucks. A truck terminal may include the following as clearly accessory
uses if they are closely related to the principal use: repair, washing,
refueling and maintenance facilities for trucks using the terminal
and administrative uses. Storage or parking of two or more empty trailers
on a single lot that are not associated with any type of specific
warehouse or distribution structure on that lot shall also be defined
as operating a truck terminal.
[Amended 8-6-2007 by Ord.
No. 599]
Includes the phrases "arranged," "designed," and "intended
to be used," and shall mean a specific purpose for which land, building
or structures are designed, arranged, intended, occupied or maintained,
or any activity, occupation, business or operation which may be conducted
at a given location.
Equipment or facilities for producing, generating, transmitting,
distributing or furnishing natural or artificial gas, electricity
or steam for the production of light, heat or power to or for the
public for compensation; diverting, developing, pumping, pounding
and distributing or furnishing water to or for the public compensation;
transporting passengers or property as a common carrier; equipment
or facilities for use as a canal, turnpike, tunnel, bridge, wharf
and the like for the public compensation; transporting or conveying
natural or artificial gas, crude oil, gasoline or petroleum products,
materials for refrigeration or oxygen or nitrogen or other fluid substance
by pipeline or conduit for the public for compensation; conveying
or transmitting messages or communication by telephone or telegraph
or domestic public land mobile radio service, including but not limited
to, cable communication, fiber optic, point-to-point microwave radio
service to the public for compensation; and sewage collection treatment
or disposal for the public whether or not regulated by the Public
Utility Commission.
An authorization, from the Zoning Hearing Board to a legal
or equitable property owner, to depart from the literal requirements
of applicable zoning regulations on grounds of unique circumstances
and hardships as defined in this chapter.
A device which dispenses drinks, food, or merchandise for
money or magnetic card insertion, but not including an amusement device,
gaming device, or pinball machine.
A structure which permanently or temporarily prohibits or
inhibits travel between properties or portions of properties or between
the street or public right-of-way and a property, whether or not with
doors or other passageways intended to permit travel.
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
[Amended 8-6-2007 by Ord.
No. 599].
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
The system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
Sales that involve transactions with other businesses and
their agents and not to the general public.
[Amended 8-6-2007 by Ord.
No. 599].
A space between the building restriction line or front main
wall of a building and the closer of the front street right-of-way
or lot boundary, including the entire street right-of-way or boundary.
The space between the rear main wall of a building and the
closer of any street right-of-way or lot boundary, including the entire
street right-of-way or boundary.
The space between the side main wall of a building and the
closer of any street right-of-way or lot boundary not including the
front or rear yard.
The person or persons who are charged with enforcement of
the Zoning Ordinance.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
[2]
Editor's Note: See 52 P.S. § 30.51 et seq.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[5]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[6]
Editor's Note: See 35 P.S. § 10231.401.
[7]
Editor's Note: See 10 P.S. § 311 et seq.
[8]
Editor's Note: See 3 Pa.C.S.A. § 9301 et seq.
[9]
Editor's Note: The former definition of "off-premises sign,"
which immediately followed this definition, was repealed 2-7-2022
by Ord. No. 2022-719.
[10]
Editor's Note: The former definition of "outdoor movie theater,"
which immediately followed this definition, was repealed 6-6-2022
by Ord. No. 2022-722.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
