In the construction of this chapter, the definitions contained herein
shall be observed and applied, except when the context indicates otherwise.
Words not defined shall be observed and applied consistent with common
parlance and according to their dictionary definitions.
ACCESSORY BUILDING
A building which:
A.
Is subordinate to and serves a principal building.
B.
Is subordinate in area, extent or purpose to the principal building
served.
C.
Is located on the same lot as the principal building served.
D.
Is not used for dwelling purposes nor normally occupied by personnel
associated with any use.
E.
Is not attached to the principal building by covered passageway,
wall more than three feet high, and shares no wall in common with
the principal building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of the land or principal building and located on the same lot
with such principal use or principal building.
ADULT BUSINESS
An establishment consisting of, including, or having the
characteristics of any or all of the following:
A.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade, and offers for sale, books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
B.
ADULT MINI MOTION-PICTURE THEATERAn enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
C.
ADULT MOTION-PICTURE THEATERAn enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.
D.
(1)
An establishment devoted to adult entertainment, either with
or without a liquor license, presenting material distinguished or
characterized by an emphasis on matter depicting, describing, or relating
to sexual activities or anatomical genital areas;
(2)
A cabaret that features topless dancers, go-go dancers, strippers,
male or female impersonators, or similar entertainers for observation
by patrons.
AGRICULTURE OPERATION
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. This term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
ALTERATION
As applied to a building or structure, a change or rearrangement
of the structural parts of the same, or an enlargement in the height,
width or length of the same.
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
ASSISTED LIVING FACILITY
Residences for the frail, elderly, physically or mentally
challenged that provide rooms, meals, personal care, and supervision
of self-administered medication. They may provide other services,
such as recreational activities, financial services, and transportation.
Such a facility does not require a license from any agency of the
Commonwealth of Pennsylvania, other than the Department of Labor,
in order to operate.
AUTOMOTIVE SALES/SERVICE/REPAIR
The use of any building, land area or premises for the retail
dispensing of vehicle fuels, the servicing and repair of personal
passenger vehicles, light trucks and vans or the display and sale
of new or used personal passenger vehicles, light trucks and vans.
BASE FLOOD
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter have been
prepared; for purposes of this chapter, the 100-year flood.
BASE FLOOD ELEVATION
The 100-year flood elevation. Within the approximated floodplain
the base flood elevation shall be established as a point on the boundary
of the approximate floodplain closest to the construction site in
question.
BASE GRADE
The average elevation of the grade line at the side of the
building or structure in, at or nearest the front setback line of
the lot.
BASEMENT
A level of a structure and the space within which has more
than 50% of its height above average finished grade and which shall
be considered in its entirety for purposes of the height limitations
of this chapter.
BOARD
The Zoning Hearing Board of New Stanton Borough established
by this chapter.
BOROUGH ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the Borough of
New Stanton.
BUILDING
Any structure having a roof supported by columns or walls
resting on its own foundation and intended for the shelter, housing
or enclosure of any individual, animal, process, equipment, goods,
or materials of any kind. A "detached building" is one separated on
all sides from adjacent buildings by open spaces from the ground up.
BUILDING LINE
The building line is that line fixed by the required yard
depths measured back from the nearest road right-of-way line or property
line.
BUILDING HEIGHT
The vertical distance and the number of stories measured
from the basic grade to:
A.
The highest point of the roof adjacent to the front wall, for
flat roofs.
B.
The deckline of mansard roofs.
C.
The main (top) height between eaves and ridge for gabled, hipped
or gambrel roofs.
BUILDING, PRINCIPAL
A nonaccessory building in which a principal use of the lot
on which it is located is housed.
BUS OR TRUCK TERMINAL
An area and building where buses, trucks and cargo are stored,
where loading and unloading is carried on regularly, and where minor
maintenance of these types of vehicles is performed.
BUSINESS SERVICE
Any business activity which renders service to other commercial
or industrial enterprises.
CELLAR
A space having 50% or less of its height below average grade,
which may not be occupied for dwelling purposes and is not included
in computing the number of stories for the purpose of height measurements.
CHAPTER
A chapter of the Borough of New Stanton Code of Ordinances,
as amended and supplemented.
CLEAR SIGHT TRIANGLE
The triangular area formed by two intersecting street center
lines and a line interconnecting points established on each center
line, 75 feet from their point of intersection. This entire area is
to remain clear of obstructions to sight above a plane established
3 1/2 feet in elevation from grade level at the intersection
of the street center line.
CLINIC
Any establishment where human patients are examined, treated
and/or attended by doctors, psychiatrists, optometrists, chiropractors
or dentists, but not hospitalized overnight.
COMMERCIAL STORAGE BUILDING
Accessory structures, not to exceed 25% of the area of the
principal structure, used for inventory or equipment storage on sites
with commercial or light industrial principal uses.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
COMPLETELY DRY SPACE
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant
to the provisions of Article VI of the Pennsylvania Municipalities
Planning Code and Part
6 of this chapter.
CONSISTENCY
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
CONTRACTOR SUPPLY YARDS
A commercial establishment storing or offering for sale building
supplies, steel, lumber, coal, heavy equipment, feed and grain and
similar goods. Supply yards do not include junkyards or similar facilities.
COVERAGE, LOT (BULK)
That percentage of the total lot area covered by principal
and accessory use structures, and all other impervious surfaces.
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. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the Borough
lies.
DESIGNATED FLOODPLAIN DISTRICTS
Those floodplain districts specifically designated in this
chapter as being inundated primarily by the 100-year flood. Included
would be areas identified as floodway district, flood-fringe district
and general floodplain district.
DETERMINATION
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
B.
The Zoning Hearing Board; or,
C.
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development Part in this chapter. Determinations shall be appealable
only to the Boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, agent of such landowner, or tenant with the
permission of such landowner who makes or causes to be made a subdivision
or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, the
placement of manufactured homes, streets and other paving, utilities,
filling, grading, excavation, mining, dredging or drilling operations
and the subdivision of land.
DEVELOPMENT PLAN (LAND DEVELOPMENT)
The provisions for development, including a planned residential
development, a plat of subdivision, 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.
DEVELOPMENT WHICH MAY ENDANGER HUMAN LIFE
Any development which will be used for the production or
storage of any of the following dangerous materials or substances,
or will be used for any activity requiring the maintenance of a supply
of more than 550 gallons, or other comparable volume, of any of the
following dangerous materials or substances on the premises:
K.
Nitric acid and oxides of nitrogen.
L.
Petroleum products (gasoline, fuel oil, etc.).
P.
Sulfur and sulfur products.
Q.
Pesticides (including insecticides, fungicides and rodenticides).
R.
Radioactive substances, insofar as such substances are not otherwise
regulated, or will involve the production, storage or use of any amount
of radioactive substances.
DUPLEX
A building containing two single-family dwelling units separated
from each other by an unpierced wall extending from ground to roof.
DWELLING
Any structure designed or used as the permanent living quarters
for one or more families and not including hotels, motels or transient
accommodations.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy
as a single housekeeping unit, with cooking, sleeping and sanitary
facilities for a single family.
DWELLING, MULTIFAMILY
A building containing five or more dwelling units, including
units that are located one over the other.
ESSENTIALLY DRY SPACE
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other government agencies of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, communication, or disposal systems, including poles, wires,
mains, drains, sewers, pipes, conduit cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of such service by such public utilities or municipal
or other governmental agencies; excluding, however, buildings, storage
tanks, wireless communications facilities, towers, antennas, relay
or transmission stations, substations and pumps.
FAMILY
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit that is based on an intentionally structured
relationship providing organization, stability and/or permanency and
functioning as a family.
FENCE
A fabricated barrier used to separate or enclose an area
of land and includes, but is not limited to, walls, arbors, trellises
and fences.
FLOOD
A general and temporary inundation of normally dry land areas
from the overflow of inland waters, or the unusual and rapid accumulation
of runoff or surface waters from any source, or mudslides which are
proximately caused or precipitated by accumulations of water on or
under the ground.
FLOOD-FRINGE DISTRICT (FF)
That area of the 100-year floodplain not included in the
floodway district. The basis for the outermost boundary of this district
shall be the 100-year flood elevations contained in the flood profiles
of the Flood Insurance Study (FIS) prepared by the Federal Insurance
Administration (FIA) and dated June 15, 1981, revised August 15, 1983,
and August 5, 1997. (See "floodway district" below).
FLOODPLAIN
Any land area susceptible to being inundated by water from
any source.
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
FLOODWAY DISTRICT (FW)
Is delineated for purposes of this chapter using the criteria
that a certain area within the floodplain must be capable of carrying
the waters of the 100-year flood without increasing the water surface
elevations of that flood more than one foot at any point. The areas
included in this district are specifically defined in the Flood Insurance
Study dated June 15, 1981, revised in 1983 and 1997, prepared by the
Federal Insurance Administration.
FORESTRY
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
GARAGE, COMMERCIAL
A permitted commercial accessory structure for the parking
or storage of commercial vehicles used in the operation of the principal
use.
GARAGE, RESIDENTIAL
A permitted residential accessory structure and use for the
parking and storage of personal passenger vehicles, light trucks and
vans or personal recreational vehicles or boats, owned and operated
by the occupants of the residence and not available to the general
public.
GENERAL FLOODPLAIN DISTRICT (FA)
That floodplain area for which no detailed flood profiles
and elevations are provided. Such areas are shown on the maps accompanying
the Federal Insurance Study prepared by the Federal Insurance Administration.
In determining the necessary elevations for the purposes of this chapter,
other sources of data may be used, such as:
A.
Corps of Engineers Floodplain Information Reports.
B.
United States Geological Survey Flood-Prone Quadrangles.
C.
United States Department of Agriculture Soil Conservation Service
County Soil Surveys (Alluvial Soils).
D.
Known high-water marks from past floods.
HEALTH AUTHORITY
The legally designated health authority of Pennsylvania (Department
of Environmental Protection), or authorized representative of the
political subdivision concerned.
HOME-BASED BUSINESS (NO-IMPACT)
A business or commercial activity administered or conducted
as an accessory use, which is clearly secondary and incidental to
the use as a residential dwelling and which does not involve customer,
client, or patient traffic, or pickup, delivery, or removal functions,
in excess of those normally associated with residential use. No-impact
home-based businesses shall be included in this definition.
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including,
but not limited to, parking or lights, with the exception of a sign.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted
as a customary, incidental, and accessory use in the resident's dwelling
unit.
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/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
LONG-TERM NURSING FACILITY
An institution licensed by the Pennsylvania Department of
Health to provide skilled or intermediate nursing care services to
residents. The facility may be for-profit, nonprofit, hospital-based
or operated by the county or the county institution district.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT LINE, FRONT
In the case of an interior lot, the line separating the lot
from the street. In the case of a corner lot, the required front yard
shall be provided along every street.
LOT, DEPTH
The mean horizontal distance between the front lot line and
the rear lot line, measured along a line that is midway between the
side lot lines.
LOT, THROUGH
A lot having frontage on two parallel, or approximately parallel
open public streets and which is not a corner lot.
LOT, WIDTH
The dimension of a lot, measured between the side lot lines
at the front building line, which is the length of said line.
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINOR REPAIR
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exit way requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
MIXED-USE STRUCTURES
A building which contains commercial, office or service uses
and residential uses.
MOBILE OR MANUFACTURED HOME
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used with or without a permanent
foundation.
MOBILE OR MANUFACTURED HOME LOT
A parcel of land in a mobile or manufactured home park which
is designed and improved for the placement thereon of a single manufactured
home.
MOBILE OR MANUFACTURED HOME PARK
A parcel (or contiguous parcels) of land which has been planned
and improved for the placement of two or more manufactured homes.
MOBILE OR MANUFACTURED HOME STAND
That part of an individual manufactured home lot which has
been reserved for the placement of the manufactured home, appurtenant
structures or additions.
MULTIPLEX
A specific type of dwelling containing three or four dwelling
units, each accessible from the ground floor with open space exposures
and sharing one or two walls with adjoining units.
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945." or the Act of June 19, 2001 (P.L. 287, No. 22), known
as the "Municipality Authorities Act".
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
NURSING HOME (INTERMEDIATE CARE FACILITY)
A facility that provides, on a regular basis, personal care,
including dressing and eating, and health-related care and services,
to individuals who require such assistance but who do not require
the degree of care and treatment that a hospital or skilled nursing
facility provides.
OBSTRUCTION
Any wall, dam, embankment, levee, dike, pile, abutment, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure or matter in, along, across or projecting
into any channel, watercourse or designated floodplain district:
A.
Which may impede, retard or change the directions of the flow
of water, either in itself or by catching or collecting debris carried
by such water; or
B.
Is placed where the flow of the water might carry the same downstream
to the damage of life and property.
100-YEAR FLOOD
A flood that, on the average, is likely to occur once every
100 years; (i.e., that has a 1% chance of occurring each year, although
the flood may occur in any year).
PARK
An area provided for the public to be used for recreation
of leisure activities including, but not limited to picnicking, sitting
and walking.
PARKING AREA
An area other than a street used for the temporary parking
of more than four automobiles.
PERMIT
Written approval, in whatever form, as issued by the Borough
in conformance with this chapter.
PERSON
Any individual, firm, trust, partnership, public or private
association or corporation or other entity, including state and local
governments and agencies.
PERSONAL CARE HOME
A premises licensed by the Pennsylvania Department of Public
Welfare in which food, shelter and personal assistance or supervision
are provided for a period exceeding 24 hours for four or more adults
who are not relatives of the operator, who do not require the services
in or of a licensed long-term care facility, but who do require assistance
or supervision in activities of daily living or instrumental activities
of daily living. This term includes a duly licensed premise that has
held or presently holds itself out as a personal care home and provides
food and shelter to four or more adults who need personal care services,
but who are not receiving such services.
PERSONAL SERVICES
Any commercial establishment providing services pertaining
to the person, his apparel or personal effects commonly carried on
or about the person, and including hair dressing, shoe repair, tailoring
and cleaning on the premises of wearing apparel brought to the establishment
by the customer.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
PLAYGROUND
An area provided for the public to be used for exercise and
recreation, including, but not limited to, baseball fields, football
fields, basketball, volleyball and tennis courts, swimming pools,
horseshoe pits, track and field event area, swings, slides, climbing
bars, and other children's play equipment.
PRINCIPAL USE
The primary or predominant use of any lot or parcel.
PROFESSIONAL OFFICE
Any office of recognized professions, such as doctors, dentists,
lawyers, architects, engineers, artists, musicians, designers, teachers
and others who through training are qualified to perform services
of a professional nature.
PROFESSIONAL SERVICES
Any office or establishment of those whose training qualifies
them to provide specialized services to the community in the commonly
recognized professions (education, engineering, law, medicine, music,
philosophy, science, theology) the arts (architecture, drama, music,
painting, photography, writing) and similar activities (insurance,
real estate).
PUBLIC FACILITY
Any person, firm, corporation, municipal department, or board,
duly authorized to furnish, and furnishing under the Public Utility
Commission or municipal regulations to the public, electricity, gas,
steam, communication (excluding wireless), transportation, water or
sewerage.
PUBLIC GROUNDS
Includes:
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; and
C.
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the Act of June 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
RETAIL CENTER
A retail commercial area designed as a unit, with adequate
off-street parking, and usually consisting of a multitenant, one or
more one-story buildings.
RETAIL SALES
Any commercial establishment engaged in selling commodities,
goods or merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such
goods.
ROAD
The entire right-of-way of a public or private street or
highway.
SELF-STORAGE CENTER
A building or group of buildings divided into separate units
or compartments, designed and used for the storage of the personal
property of the owner or tenant of the unit.
A.
The height of any individual storage unit from floor to ceiling
shall not exceed 10 feet; the maximum size of any individual storage
unit shall consist of 300 square feet of floor area; and individual
storage buildings shall be limited to a height of two stories.
B.
The storage of foodstuffs, produce or other perishable items
shall be prohibited.
C.
Conducting an office, retail, wholesale or other business use
from a storage unit shall be prohibited.
D.
The storage of gasoline, oil or similar petroleum products apart
from that contained in the fuel tank or engine of a vehicle stored
within said facility shall be prohibited, as well as the storage of
radioactive materials, explosives and flammable or hazardous chemicals.
E.
The storage of livestock, plants, animals or other living organisms
shall be prohibited.
F.
A self-storage center shall not contain nor provide permanent
on-site material handling facilities, such as loading docks, tow motors,
fork lifts or other similar material handling apparatus, with the
exception of a freight elevator for storage in second-story units.
G.
The said self-storage center shall be permitted within the business
zoning classification district as a conditional use for the purpose
of providing storage facilities to the general public as distinguished
from a warehouse or other commercial storage facility utilized exclusively
for the storage of commercial products. The use of a self-storage
center exclusively for the storage of commercial products shall be
prohibited within the business zoning classification district. Commercial
products shall be defined as those items of personal property held
or stored for the purpose of:
(1)
Sale, resale, lease or other commercial distribution, or
(2)
Commercial application or incorporation into a product, item,
thing, building or structure.
(3)
Storage on the property outside of the self-storage center shall
be 50,000 square feet.
SIGN
A name, identification, description, display or illustration
which is affixed to, or painted or represented directly or indicated
upon, a building, structure, movable base or piece of land which announces,
directs attention to or advertises an object, product, place, activity,
person, message, institution, organization, business, home-based business,
or home occupation.
SIGN, ADVERTISING (BILLBOARD)
A sign which announces, directs attention to or advertises
a business, commodity, product, place, service or entertainment conducted,
sold or offered elsewhere than upon the premises where such a sign
is located, or to which it is affixed.
SIGN, BUSINESS
A sign which directs attention to a business, occupation
or profession conducted or to a product, commodity or service conducted,
sold or offered upon the premises where such sign is located, or to
which it is affixed.
SIGN, ELECTRONIC VARIABLE MESSAGE
An electrically activated sign whose message content is alphabetical
or numerical only, and either whole or in part, may change by means
of electronic programming.
SIGN, MULTIPLE SLATS/PANELS
A sign whose message changes by means of flipping of slats
or panels encased in a stationary frame or cabinet. This does not
include a sign whose message is changed in a revolving or oscillating
manner.
SIGN, PORTABLE
Any sign not permanently attached to the ground or to a structure,
or a sign designed to be transported, including, but not limited to,
signs designed to be transported by means of wheels; signs converted
to A- or T-frames; sandwich board signs; and balloons and banners
used for advertising.
SIGN, ROTATING
A sign which, in its entirety, moves in a revolving, oscillating
or similar manner. Such motion does not include methods of changing
the sign face copy by flipping of slats or panels.
SIGN, SNIPE
Any sign of any material whatsoever erected by a person other
than the property owner that is attached in any way to a utility pole,
tree or fence.
SKILLED OR INTERMEDIATE NURSING CARE
Professionally supervised nursing care and related medical
and other health services provided for a period exceeding 24 hours
to an individual not in need of hospitalization, but whose needs are
above the level of room and board and can only be met in a long-term
care nursing facility on an inpatient basis because of age, illness,
disease, injury, convalescence or physical or mental infirmity. The
term includes the provision of inpatient services that are needed
on a daily basis by the resident, ordered by and provided under the
direction of a physician, and which require the skills of professional
personnel, such as registered nurses, licensed practical nurses, physical
therapists, occupational therapists, speech pathologists or audiologists.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. §§ 10601 et seq.
and 10901 et seq.
START OF CONSTRUCTION
The first placement of permanent construction of a structure
(other than a manufactured home) on a site, such as the pouring of
slabs or footings of any work beyond the stage of excavation. Permanent
construction does not include land preparation, such as clearing,
grading and filling; nor does it include excavation for a basement,
footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory
buildings, such as garages, or sheds not occupied as dwelling units
or not as part of the main structure. For a structure (other than
a manufactured home) without a basement or poured footings, the "start
of construction" means the affixing of the manufactured home to its
permanent site. For manufactured homes within manufactured home parks
or manufactured home subdivisions, "start of construction" is the
date on which the construction of facilities for servicing the site
on which the manufactured home is to be affixed (including, at a minimum,
the construction of streets, either final site grading or the pouring
of concrete pads, and installation of utilities) is completed.
STORAGE SHED
Any man-made object originally designed, built and used for
storage, no larger than 150 square feet and not higher than 15 feet.
Utilities shall be limited to electricity. Storage sheds shall not
be occupied and must be located in the rear yard or side yard. If
located in the side yard, the storage shed must meet the normal side
yard setbacks for the particular district.
SUBSTANTIAL IMPROVEMENT
A.
Any repair, reconstruction or improvement of a structure, the
cost of which equals or exceed 50% of the market value of the structure
either:
(1)
Before the improvement or repair is started; or
(2)
If the structure has been damaged, and is being restored, before
the damage occurred.
B.
For the purposes of this definition "substantial improvement"
is considered to occur when the first alteration of any wall, ceiling,
floor or other structural part of the building commences, whether
or not that alteration affects the external dimensions of the structure.
The term does not, however, include either:
(1)
Any project for improvement of a structure to comply with existing
state or local health, sanitary or safety code specifications which
are solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register
of Historic Places or a state inventory of historic places.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
A.
ARTERIAL STREET (ROAD)A street with access control, channelized intersections, restricted parking, and that collects and distributed traffic to and from minor arterials.
STRUCTURE (see also "BUILDING")
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
SUBDIVISION
The division or redivision of 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.
SWIMMING POOL
Any depression in the ground, whether temporary or permanent,
or a container of water, either temporary or permanent and either
above or below the ground, in which water of an average depth of 30
inches or more is contained and which is used primarily for the purpose
of swimming, water sports or therapeutics.
TELECOMMUNICATIONS TOWER
A tower, pole or similar structure that supports cellular
or telecommunications antenna operated for commercial purpose above
the ground in a fixed location, freestanding, guyed or on a building
or other structure.
TEMPORARY OUTDOOR ACTIVITY
Any activity conducted outdoors or within or about tents
or other such contrivances within any special, commercial or residential
districts in the municipality, including but not limited to carnivals,
outdoor displays of merchandise, vehicles or manufactured products,
promotions, amusements, gatherings of people and similar activities.
(All temporary outdoor activity shall be considered temporary uses.)
TEMPORARY STRUCTURE
One which may be characterized by one or more of the following
features: does not have a poured concrete foundation; rests on its
floor, wheels, legs, blocks, or a frame; is a nonconforming structure,
or is used in conjunction with development or construction.
TRAVEL TRAILER
A manufactured vehicle, with wheels, designed for overnight
living or camping purposes, capable of being towed by a passenger
automobile and having an overall width less than eight feet.
USE
The purpose or activity for which the land, or building thereon,
is designed, arranged or intended or for which it is occupied or maintained.
VARIANCE
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10101 et seq.
WHOLESALE USES
Any establishment selling commodities or goods in quantity
lots to a retailer (having a tax exempt number and operating an established
retail business) who sells to the ultimate consumer.
YARD
A space on the same lot with a principal building, open,
unoccupied and unobstructed by structures, except as otherwise provided
in this chapter.
YARD, FRONT
A yard extending across the full width of the lot, unoccupied
other than by steps, walks, terraces, driveways, lampposts and similar
structures, the depth of which is the least distance between the lot
line and the building line.
YARD, REAR
A yard extending across the full width of the lot between
the rear of the principal building and the rear lot line, unoccupied
by other than accessory buildings which do not occupy more than 30%
of the space and steps, walks, terraces, driveways, lampposts and
similar structures, the depth of which is the least distance between
the rear lot line and the rear of such buildings.
YARD, SIDE
A yard between the principal building and the side lot line,
extending from the front yard, or from the front lot where no front
yard is required, to the rear yard. The width of the required side
yard is measured horizontally and at 90° with the side lot line,
from the nearest part of the principal building.
ZONING AND CODES OFFICER
The administrative officer designated to administer this
chapter and issue zoning and building permits.