Unless the context otherwise requires, the following definitions
shall be used in the interpretations and construction of this chapter,
and words used in the present tense include the future; the singular
number shall include the plural, and the plural, the singular; the
word "building" shall include arranged, designed, constructed, altered,
converted, rented, leased, or intended to be used; and the word "shall"
is mandatory and not directory.
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).
ACCESSORY USE
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
ADULT BOOKSTORE (THEATER)
An establishment having as a significant or substantial portion
of its stock in trade, books, magazines, other periodicals, or films,
video tape recordings for viewing off or on the premises which display
specified anatomical areas or specified sexual activities (see "adult
entertainment" definition).
ADULT ENTERTAINMENT
Any operation or facility providing as a primary or accessory
use acts, shows, performances, pictures, books, magazines or models
for the purpose of displaying specified anatomical areas or engaging
in specified sexual activities. This shall include bartenders, waiters,
waitresses, other employees, agents, contractors or customers exposing
specified anatomical areas, or engaging in specified sexual activities.
These facilities shall include, but not be limited to: BYOB Club,
nude modeling studio, massage parlors, etc.
A.
SPECIFIED ANATOMICAL AREASLess than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola, human genitals in an aroused state, whether covered or not covered.
B.
SPECIFIED SEXUAL ACTIVITIESActs of human masturbation, sexual intercourse, sodomy, oral copulation, bondage, sadomasochism, fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
AGRICULTURE
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry, and the necessary accessory uses
for farm homes, and packing, treating or storing the produce; provided,
however, that the operation of any such accessory uses shall be secondary
to that of normal agriculture activities, and provided further that
the above uses shall not include commercial hog farms or fur farms,
and excluding fertilizer plants or sale of fertilizer, feed stores,
tanneries, and similar objectionable uses.
ALLEY
A public or private way affording secondary means of access
to abutting property.
BOARD or ZONING HEARING BOARD
The Zoning Hearing Board appointed by the Governing Body
of Wyoming Borough in connection with the Wyoming Borough Zoning Ordinance.
BUILDING
Any structure for the shelter or enclosure of persons, animals,
or chattels.
BUILDING HEIGHT
The vertical distance from the grade to the highest point
on the coping of a flat roof or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
COMMUNICATIONS ANTENNA
Any device used for 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, directional, and panel antennas owned or operated
by any person or entity licensed by the Federal Communications 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.
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWER
A structure other than a building, such as a monopole, self-supporting,
or guyed tower, designed and used to support communications antennas.
CORRECTIONAL INSTITUTIONS
A jail, or other institutional facility, used to confine
and/or provide treatment, or rehabilitation, of violators of criminal
laws, including juvenile inmates/detainees and including facilities
for persons who are participating in supervised work release programs,
whether such facilities provide confinement for all of each twenty-four-hour
period, or only a portion thereof, but not including temporary holding
facilities that are necessary to a police station. These uses include,
but are not limited to, detention centers, honor camps, houses of
correction, jails, juvenile detention centers, penitentiaries, prison
farms, reformatories, training schools for delinquents, offenders,
and other adjudicated individuals.
CREMATORY
A facility used for incineration of deceased individuals.
DISTRICTS
A portion of the territory of Wyoming Borough, within which
certain regulations and requirements, or various combinations thereof,
apply under the provisions of this chapter. The term "R" or Residence
District shall include "S-1," "R-1," "R-2," and "R-3" Districts. The
term "B" or Business District shall include the "B-1," "B-2," "B-3,"
and "B-4" Districts.
DRIVE-IN COMMERCIAL USES
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade such as drive-in
restaurants, drive-in theaters, and similar uses.
DWELLING
Any building or portion thereof which is designed for or
used for residential purposes.
DWELLING UNIT
A dwelling unit consists of one or more rooms for living
purposes, together with separate cooking and sanitary facilities used
or intended to be used by one or more persons living together and
maintaining a common household, and accessible from the outdoors either
directly, or through an entrance hall shared with other dwelling units.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats, townhouses
and group houses.
DWELLING, TWO-FAMILY
A detached or semi-detached building where not more than
two individual family or dwelling units are entirely separated by
vertical walls or horizontal floors, unpierced except by access to
the outside or to a common cellar.
ENTERTAINMENT FACILITIES
Any activity conducted for gain which is generally related
to the entertainment field, such as motion picture theaters, bowling
alleys, roller skating rinks, miniature golf, golf driving ranges,
commercial swimming pools, carnivals, and related uses.
FAMILY
A.
A single person occupying a dwelling unit and maintaining a
household.
B.
Two or more persons related by blood or marriage, occupying
a dwelling unit, living together, and maintaining a common household,
including not more than one boarder, roomer, or lodger.
C.
Not more than three unrelated persons occupying a dwelling unit,
living together, and maintaining a common household.
FARM
An area of land not less than five acres in size, and used
for agricultural purposes, as defined under "Agriculture."
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
or runoff of surface waters from any source.
FLOOD-FRINGE
That portion of the 100-year floodplain outside the floodway.
FLOODWAY
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the 100-year
flood without cumulatively increasing the water surface elevation
more than one foot.
FLOOR AREA
For the purpose of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or
intended to be used by tenants, or for service to the public as customers,
patrons, clients or patients, including areas occupied by fixtures
and equipment used for display or sale of merchandise. It shall not
include areas used principally for non-public purposes such as storage,
incidental repair, processing or packaging of merchandise, for shop
windows, for offices incidental to the management or maintenance of
stores or buildings, for toilet or rest rooms, for utilities or for
dressing rooms, fitting or alteration rooms.
GARAGE, PRIVATE
A space or structure on the same lot with or in the building
to which it is accessory, for storage only, having no public shop
or service in connection therewith, and in which no occupation, business
or industry is conducted. Except on farms, only one commercial motor
vehicle not exceeding two tons capacity or weight may be parked in
a private garage, or driveway.
GARAGE, SERVICE
A garage, other than a private garage, where motor driven
vehicles are stored, equipped for operation, repaired or kept for
remuneration, hire or sale.
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
HOTEL
A building designed or used primarily as a temporary abiding
place in which lodging is provided for compensation, with or without
meals, containing 10 or more guest rooms, and having an outside entrance
in common.
JUNKYARD
A place where waste, discarded or salvaged materials are
bought, sold exchanged, stored, baled, cleaned, packed, disassembled
or handled, including auto wrecking yards, house wrecking yards, used
lumber yards, and places or yards for use of salvaged house wrecking
and structural steel materials and equipment, but excluding such uses
when conducted entirely within a completely enclosed building, and
excluding pawn shops and establishments for the sale, purchase, or
storage of used cars in operable condition, salvaged machinery, used
furniture, and household equipment, and the processing of used, discarded
or salvaged materials as part of the manufacturing operations.
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 having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to be a landowner for
the purposes of this chapter.
LOT
A parcel of land abutting on a street, whose area, in addition
to the parts thereof occupied or which may thereafter be occupied
by a principal building or one unit group of buildings and its accessory
buildings is sufficient to provide the open spaces required by this
chapter.
LOT OF RECORD
Any lot which individually, or as part of a subdivision,
has been recorded in the Office of the Recorder of Deeds of Wyoming
Borough, Pennsylvania.
LOT WIDTH
The width of a lot at the front building line, measured at
right angles to its depth.
LOT, CORNER
A lot abutting on, and at the intersection of, two or more
streets, or upon two parts of the same street, where in either case
the interior angle formed by intersection of the street lines does
not exceed 135°.
MORTUARIES
A building, or part thereof, used for funeral services. These
activities may include embalming, preparation of the dead for burial,
autopsies, storage of funeral supplies and vehicles; but shall not
include a crematory.
MOTEL, MOTOR OR TOURIST COURT
One or more buildings for the accommodation of transient
guests, chiefly motorists, containing guest rooms for rent, each of
which has a separate outside entrance.
NO-IMPACT HOME OCCUPATIONS
A business conducted from a residence which involves no customer
traffic, pickup, delivery, or removal functions in excess normal.
NONCONFORMING BUILDING OR STRUCTURE
A lawful building or other structure which does not conform
to one or more of the applicable area regulations of the district
in which it is located, either on the effective date of this chapter,
or as a result of a subsequent amendment thereto.
NONCONFORMING USE
The legal use of land, or a building or other structure,
which does not conform to the applicable use regulations of the district
in which it is located, either on the effective date of this chapter,
or as a result of subsequent amendments thereto.
OUTDOOR ADVERTISEMENT
An advertisement used outdoors, including painted walls,
or rock face, of a product or service unrelated to the use of the
land or structure on which it is located, but not including official
notices or directional road signs of a government body.
PARKING AREA
A parking lot or garage, used for parking of automobiles,
available to the public, and which is not an accessory use.
PERSONAL CARE BOARDING OR DOMICILIARY CARE HOUSES
Operations meeting the criteria of "rooming or boarding houses,"
plus providing of personal care including, but not limited to money
management, transportation, medical assistance, nutritional guidance,
dressing and hygiene. Also those operations which obtain their boarders
from the Pennsylvania Office for the Aging or other social service
agencies.
PERSONAL SERVICES
Any enterprise conducted for gain, which primarily offers
services to the general public such as shoe repair, valet service,
watch repairing, barber shops, beauty parlors, and related activities.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of the Wyoming Borough Zoning Ordinance.
PROFESSIONAL OFFICES
The use of offices and related spaces for such professional
services as provided by doctors, dentists, lawyers, architects, engineers,
and realtors.
PUBLIC COMMUNICATIONS TRANSMISSION TOWER
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.
PUBLIC USES
Public schools, parks, and administrative, cultural and service
buildings and telephone exchange buildings, but not including public
land or buildings devoted primarily or solely to the storage and maintenance
of equipment and material.
RECREATION FACILITIES, PRIVATE
Group recreation facilities other than commercial, or public
recreation uses, not operated for profit, and open only to its members.
ROOMING OR BOARDING HOUSE
A building or part thereof, other than hotel or restaurant,
where meals and/or lodging are provided for compensation, for four
or more persons not related to the resident family.
SEMI-PUBLIC USES
Churches, Sunday schools, parochial schools, colleges, hospitals,
and other institutions of an educational, religious, charitable or
philanthropic nature.
SHOPPING CENTER
A retail commercial area designed as a unit, with adequate
off-street parking area, and usually consisting of several one-story
buildings.
SIGN
An advertisement displayed outside a building, pertaining
to a product, service or name, related directly to the permitted activity
carried on and use of the lot on which it is placed, including painted
walls or structures.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, the space between such floor and the ceiling
above it. A basement shall be counted as a story if its ceiling is
over six feet above the average level of the finished ground surface
adjoining the exterior walls of such story, or if it is used for business
or dwelling purposes.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such
as walls, columns, beams, or girders.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
TELEPHONE EXCHANGE BUILDING
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone and radio messages
between subscribers, provided that in a residential district such
building shall conform to the architectural design of the neighborhood,
and shall not include public access or business facilities, storage
of materials, trucks or repair facilities, or housing of repair crews.
TOURIST HOME
A rooming house primarily for transient guests.
TRAILER OR MOBILE HOME
A.
MOBILE HOMEA use designed to look like a single-family home, to be occupied by a single-family, transportable, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residence purposes, and constructed with the same, or similar, electrical, plumbing and sanitary facilities as immobile housing.
B.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, having a body width not exceeding eight feet, and being of any length, provided its gross weight does not exceed 4,500 pounds, or being of any weight, provided its body length does not exceed 29 feet.
C.
PICK-UP COACHA structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
D.
MOTORIZED HOMESA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAILER OR MOBILE HOME PARK
A tract of land specifically planned and equipped to accommodate
residential trailers or mobile homes for temporary or continuing occupancy,
including all buildings, structures, tents, vehicles, utilities, and
accessories used or intended as equipment for such trailer or mobile
home park.
TRAILER, SMALLER UTILITY
Any trailer usually drawn by passenger automobile, used for
the occasional transport of personal effects.
UTILITIES
The erection, construction, alternation or maintenance by
public utilities or municipal or other governmental agencies, or underground
or overhead gas, electrical, steam or water transmission systems,
collection, communication, supply or disposal systems and their essential
buildings, excluding communications towers and communications antennas,
as defined herein.
VENTILATING SHAFTS
Any structure designed to furnish air and/or power, (including
transformation and conversion of said power) to underground coal mines.
YARD
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as are expressly permitted in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot lines and the nearest point of the foundation wall
or the main building.
YARD, FRONT
An open space extending the full width of the lot between
a building and the front lot line, measured from the front property
line or edge-of-pave, whichever is closer to the building, but in
no case shall it be measured from the center line of the road.
YARD, REAR
An open space extending the full width of the lot between
the building and the rear lot line.
YARD, SIDE
An open space extending from the front yard to the rear yard,
between a building and the nearest side lot line.
ZONING CERTIFICATE
The written authorization issued by the Zoning Officer, for
the use of land, or buildings or other structures.
ZONING MAP
The map or maps containing the zoning districts of Wyoming
Borough, Pennsylvania, together with all amendments subsequently adopted.
ZONING OFFICER
The Zoning Officer or his authorized representative, appointed
by the Governing Body of Wyoming Borough of Wyoming Borough.