The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meaning herein indicated.
A.Â
Words used in the present tense include the future tense.
B.Â
The singular includes the plural.
C.Â
The word "person" includes an individual, a corporation, a partnership,
an incorporated association, or any other similar entity.
D.Â
The terms "shall and will," "will" and "must" are always mandatory.
E.Â
The words "should" or "may" are permissive.
F.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words, "intended, arranged or designed
to be used or occupied."
G.Â
The word "erected" shall be inclusive of the words "constructed,
altered or moved."
H.Â
The masculine includes the feminine.
I.Â
The words "include" or "including" shall not limit the term to the
specified examples, but are intended to extend the meaning to all
other instances of like kind or character.
J.Â
Words and terms used in this chapter shall have the meanings given
in this article. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, or any of the definitions
found in the various chapters of the codified ordinances of the Borough
of Middletown, but vital to the interpretation of this chapter, shall
be construed to have its legal definition, or in absence of a legal
definition, its meaning as defined in the most recent edition of Webster's
Unabridged Dictionary shall apply.
The following words and phrases when used in this chapter shall
have the meanings given to them in this section unless the context
clearly indicates otherwise:
The cessation of a nonconforming use of a building or premises
for a period of one year or more. Subsequent use of such building
or premises shall be in conformity with the provisions of this chapter.
An accredited medical school within the Commonwealth of Pennsylvania
that operates or partners with an acute care hospital licensed within
the Commonwealth of Pennsylvania.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
PERMANENTA building or structure intended to be used permanently having footers or pressure treated wood base and an approved anchoring system detached from the principal building or use, located on the same lot, for purposes customarily incidental and subordinate to the principal building or use.
TEMPORARYA structure intended for use during a short period of time not to exceed six months without footers, but having an approved anchoring system detached from the principal building or use located on the same lot for purposes customarily incidental and subordinate to the principal building or use. Fully enclosed structure must be made permanent.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
An improved passageway, other than a public street, as proposed
and approved in a land development plan for residential, commercial,
industrial or mobile home park development in which a common ownership
entity is accorded legal rights and responsibilities for the provision
and maintenance of such passageways and other facilities serving the
development in common, which provides the primary access to one or
more groups of dwelling units or one or more multioccupant buildings.
The Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
ADULT BOOKSTOREAny establishment or place:
In which 20% or more of its stock-in-trade, occupied sale and
display area or gross sales amount consist of the following:
Books, magazines or other periodicals, films or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction, description or display of sexual activities
or conduct or uncovered male or female genital areas; or
Instruments, devices or paraphernalia which are designated primarily
for use in connection with sexual activities or conduct; or
To which the public is permitted or invited wherein coin- or
slug-operated or electronically or mechanically controlled still or
motion-picture machines, projectors or other image-producing devices
are maintained to show images, with or without sound, where the images
so displayed are distinguished or characterized by an emphasis on
depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas.
ADULT THEATER/CABARETAny theater, auditorium, concert hall or other place of assembly:
Presenting any form of audio and/or visual material in which
a substantial portion of the total presentation time measured over
any consecutive thirty-day period is or will be devoted to the showing
of material which is distinguished or characterized by emphasis on
depiction, description or display of sexual activities or uncovered
male or female torsos or genital areas; or
Featuring live performances on a regular basis which are distinguished
or characterized by emphasis on depiction, description or display
of sexual activities or by exposure of uncovered male or female torsos
or genital areas for observation by patrons.
ADULT MASSAGE PARLOR/ADULT MASSAGE STUDIOAny establishment or business in which any person or association engages in, carries on or permits to be engaged in or carried on the practice of massage. Massage refers to any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with hands or with the aid of mechanical or electrical apparatus, with or without such supplementing aids as rubbing alcohol, liniments or other similar preparations commonly used in this practice. Excluded from the definition of an adult massage parlor/studio is the practice of massage by licensed hospitals, licensed nursing homes, medical clinics and the offices and quarters of licensed health profession practitioners or a certified massage practitioner. Other excluded facilities include an athletic club, health club, school, gym or similar establishment where massage is offered as an incidental and accessory medical or therapeutic massage practitioner service.
OTHER ADULT-ORIENTED RETAIL, COMMERCIAL SERVICES OR ENTERTAINMENT ESTABLISHMENTAny other business or club which primarily offers its patrons or members retail goods, commercial services or entertainment which is characterized by an emphasis on matter or activities relating to depicting, describing or displaying sexual activity or conduct or uncovered male or female torsos or genital areas. For the purpose of this section, businesses whose employees entertain or serve the general public, e.g., dancers, waiters and waitresses, with uncovered torsos shall be considered as adult-oriented businesses.
Shall be deemed to include those agricultural activities
involving the use of land and buildings for nurseries, greenhouses
or tilling of the soil.
A minor right-of-way, publicly or privately owned, primarily
for service access to the back or side of properties and not intended
for general traffic circulation.
As applied to a building, structure or sign, any change,
renovation or rearrangement in the total floor area, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
See "structural alteration."
A commercial establishment which provides, as a principal
use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skee-ball, electronic or water firing ranges
and other similar devices). This definition does not include the use
of two or less such devices as an accessory use.
Any establishment offering veterinary services. Animal hospitals
can treat all types of animals and can include outdoor and overnight
boarding of animals.
An apparatus designed for the purpose of emitting radio-frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A dwelling in an apartment house or student housing building.
See "conversion apartment."
A residential building containing three or more dwelling
units, with a common access or independent outside access.
See "building area."
See "lot area."
That part of a building which is immediately below and wholly
or partly within the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area unless it is constructed as or
modified into a habitable room by the inclusion of dormer windows,
an average ceiling height of five feet or more, and a permanent stationary
interior access stairway to a lower building story.
Any building or land devoted to the retail sales of passenger
vehicles, including accessory service and repair facilities if conducted
within a wholly enclosed building.
The retail repair, servicing, maintenance and reconstruction
of passenger vehicles, but not including car washes per se.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any retail sales of motor
vehicle accessories, which may not include major repairing, body and
fender work, painting, vehicular sales, nor rental or automatic car
washes.
A story partly underground but having 1/2 or more of its
height above the average level of the adjoining ground.
The provision of overnight sleeping accommodations and a
next-morning meal for transient persons, when more than three bedrooms
for such purposes are provided, in return for direct or indirect compensation
for the services rendered, whether or not the premises also contain
the regular dwelling of the owner. Bedrooms are deemed to have the
capacity of accommodating no more than two persons. Premises operated
as herein described shall be regulated as a hotel or motel.
The provision of overnight sleeping accommodations and a
next-morning meal for transient persons, where not more than three
bedrooms for such purposes are provided in a private, owner-occupied
dwelling, whether compensation for services rendered is direct or
indirect. Bedrooms are deemed to have the capacity of accommodating
no more than two persons. Premises operated as herein described shall
be deemed to be, and shall be regulated as, residential tourist homes.
A sign upon which advertising matter of any character is
printed, posted, or lettered, whether freestanding or attached to
a surface of a building or other structure. A billboard is used to
advertise products, services or businesses at a location other than
the premises on which the sign is placed.
The Zoning Hearing Board of the Borough of Middletown.
An owner-occupied private dwelling in which rooms are offered
for rent to at least three but no more than 10 persons, whether or
not table-board is furnished to lodgers, and in which no transients
are accommodated and no public restaurant is maintained.
Any structure having a roof supported by columns or walls
and intended or usable for the shelter of persons, animals or property.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, awnings, terraces, and steps.
PRINCIPAL BUILDING AREAThe building area, as defined above, which is occupied by a principal building or buildings.
ACCESSORY BUILDING AREAThe building area, as defined above, which is occupied by accessory building or structures.
A building's vertical measurement from the mean level of
the ground abutting the building to the highest point of a flat or
multilevel roof or for a gable, gambrel or hip roof, to the mean height
between the eaves and the ridge. Floodplain Overlay, Floodplain Management
and Airport Overlay regulations shall govern where applicable.
The horizontal measurement of any building wall.
A line parallel to the front, side or rear lot line set so
as to provide the required yard.
A temporary accessory structure having a metal frame with
canvas, cloth metal or plastic covering designed to store vehicles,
nonmotorized equipment or materials. Fully enclosed canopy shall be
a permanent accessory structure.
The individual designated by a patient to deliver medical
marijuana.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
A roofed structure, open on at least three sides, for the
temporary storage of one or more vehicles and attached to a main or
accessory building.
The portion of a street right-of-way, usually paved, that
is intended for vehicular traffic.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6Â 1/2 feet. Within a dwelling
unit, a cellar shall not be counted as floor area, nor shall it be
considered in determining the number of stories of a building.
Land used or intended to be used for the burial of the deceased,
including columbarium, crematoria, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof.
The center of the surveyed street, road, land, alley or alley
right-of-way or, where not surveyed, the center of the traveled cartway.
A statement signed by a duly authorized Borough officer setting
forth that a building, structure or use legally complies with the
zoning and other applicable codes and regulations and that the same
may be used for the purposes stated therein.
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.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
An alteration of a building, structure or land by change
of use, theretofore existing, to a new group which imposes other special
provisions of law governing building construction, exits or zoning
regulations.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, and church-related
educational and/or day-care facilities.
An entity that:
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
Holds a permit, both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the 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.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment, including but not
limited to bowling alleys, swimming pools, health clubs, miniature
golf courses, museums, etc. This does not include adult-related uses
or amusement arcades, as defined herein.
An educational facility not operated by a public agency.
The range of curriculums can include all levels of academic instruction,
business and technical programs and artistic, dance, baton-twirling,
and musical training. Private educational institutions are principal
uses that are neither home occupations nor day-care operations. These
uses shall not include vocational and/or mechanical trade schools
as defined in this chapter. Nursery schools shall be considered private
educational institutions if they are operated as a business.
A use which may not be appropriate to a particular zoning district as a whole but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Borough Council after recommendations by the Planning Committee, in accordance with § 260-234 of this chapter.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with other owners.
A retail sales business which specializes in providing household
products and foods.
Convenience stores may also provide for any or all of the following
as an accessory use:
The rental of videotapes, DVDs and Blu-ray Discsâ„¢, provided
that an adult bookstore is specifically prohibited;
The preparation and sales of delicatessen sandwiches and foods,
provided that no patron seating is provided; and
The use of no more than two amusement devices (e.g., pinball
machines, video games, and other similar devices).
Convenience stores shall not include the dispensing of gasoline
or other vehicle fuels, unless the appropriate approvals for an automobile
filling station, as defined herein, have been obtained.
An existing single-family detached, single-family semidetached,
two-family detached or two-family semidetached dwelling used as or
converted into no more than four dwelling units, each containing no
more than one family living independent of each other.
See "lot, corner."
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
INNER COURTA court that does not extend to a street, alley, yard or outer court.
OUTER COURTA court which extends to a street, alley, yard or other court.
COVERAGEThe land area occupied by impervious surfaces expressed in square feet.
BUILDING COVERAGEThe total land area occupied by buildings or structures, principal and accessory.
PRINCIPAL COVERAGEThe land area occupied by principal buildings or structures.
ACCESSORY COVERAGEThe land area occupied by accessory buildings or structures.
AUXILIARY COVERAGEThe land area occupied by impervious surfaces other than buildings or structures.
TOTAL COVERAGEThe total land area occupied by buildings, structures and auxiliary facilities.
COVERAGE RATIOThe ratio of coverage on a lot, obtained by dividing the coverage by the lot area, usually expressed in percent.
BUILDING COVERAGE RATIOThe ratio of total building coverage on a lot, including all principal and accessory buildings or structures.
PRINCIPAL COVERAGE RATIOThe ratio of principal building/structure coverage on a lot.
ACCESSORY COVERAGE RATIOThe ratio of accessory building/structure coverage on a lot.
AUXILIARY COVERAGE RATIOThe ratio of auxiliary coverage on a lot. Porous pavement shall be governed by Chapter 238.
TOTAL COVERAGE RATIOThe ratio of total coverage on a lot.
COVERAGE REGULATIONSThe maximum ratios of coverage permitted, as specified in the respective zoning district regulations.
The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members in accordance with Article XVIII. This definition does not include the offering of overnight accommodations.
A term used to express the allowable number of dwelling units
per acre of land.
DENSITY, NETThe number of dwelling units in relation to the land area actually in use or proposed to be used for residential purposes, exclusive of public rights-of-way for utilities and streets, floodplains, steep slopes, etc.
DENSITY, GROSSThe number of dwelling units in relation to the area of land of a parcel in use or proposed to be used for residential purposes, exclusive of exterior public rights-of-way.
Any man-made change in improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
A person, as defined in this section, which holds a permit
from the Pennsylvania Department of Health to dispense medical marijuana.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
The noncommercial keeping of no more than four adult nonfarm
animals that are locally available for purchase as pets, as an accessory
use to a primary residential use.
A paved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving as a vehicle
entrance or egress to dwelling units or open land. Apron portion is
measured between the curb and sidewalk.
A lot or land or part thereof used primarily for the disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purposes, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof or waste material of any kind.
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals, hotels, institutional houses, tourist courts, and the like,
offering overnight accommodations for guests or patients. All dwellings
must be permanently affixed to a completely enclosed foundation constructed
of currently accepted materials that shall be an entire perimeter
wall and extend from below the frost line to the first floor of the
building. Such foundation shall be constructed to provide sufficient
structural integrity to prevent the building from heaving, shifting,
or settling unevenly, due to frost action. In addition, all dwellings
shall be properly connected to approved and permanently designed sewer,
water, electrical and other utility systems.
DWELLING, SINGLE-FAMILY DETACHEDA building having only one dwelling unit from ground to roof, independent outside access and open space or yards on all sides.
DWELLING, SINGLE-FAMILY SEMIDETACHEDA dwelling having only one dwelling unit from ground to roof, independent outside access, one side yard and not more than one party wall in common with an adjoining dwelling.
DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSES)A building containing three to eight dwelling units, having not more than two party walls in common with adjoining units, and having individual outside access.
DWELLING, TWO-FAMILY DETACHEDA dwelling with one dwelling unit arranged over the other, and having two side yards each having an independent outside access.
DWELLING, TWO-FAMILY SEMIDETACHEDA dwelling with one dwelling unit arranged over the other, having one side yard and one party wall in common with an adjoining dwelling each having independent outside access.
A portion of a building comprised of one or more rooms used
for living and sleeping purposes and having a kitchen with fixed cooking
facilities, which is arranged for occupancy by one family when in
a dwelling or apartment house and is arranged for occupancy by up
to four unrelated people when in a student housing building meeting
the definition of "student housing" as described in this section.
As defined above, a dwelling unit may comprise either the entirety
or a portion of a dwelling.
The authorization of a property owner of a right-of-way granted,
but not dedicated, for limited use of private land, and within which
the owner of the property shall not erect any permanent structure
but shall have the right to make any other use of the land which is
not inconsistent with the rights of the grantee.
Electric public utility transmission distribution facilities,
including substations.
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
One or more persons occupying one dwelling unit and maintaining
one common household, provided that no more than two persons are unrelated
by blood, marriage or adoption. Foster children shall be considered
as adopted for the purpose of this definition.
Federal Communications Commission.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
Any structure erected for the purpose of screening or enclosing
one property from another, either to assure privacy or to protect
the property enclosed.
A bank, savings and loan association, credit union, finance
or loan company, etc.
A temporary inundation of normally dry land areas.
That portion of the floodplain adjacent to but outside the
floodway.
A relatively flat or low land area adjoining a river, stream
or watercourse, which is subject to partial or complete inundation.
For the purpose of this chapter, a "floodplain" shall be capable of
accommodating a flood of the one-hundred-year magnitude.
The area of a floodplain required to carry and discharge
floodwaters; an area subject to the unusual and rapid accumulation
of surface waters from any source.
The sum of the floor areas of a building as measured to the
surfaces of interior walls.
The sum of the horizontal areas of all rooms used for habitation,
such as living rooms, dining rooms, kitchens or bedrooms, but not
including hallways, stairways, cellars, attics, attached garages,
service rooms or closets, nor unheated areas such as enclosed porches,
nor rooms without at least one window or skylight opening onto an
outside yard or court.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the areas of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
The ratio of floor area of a building to its lot area. When
a floor area ratio of 0.4 is specified, the floor area of a building
constructed on a lot of 10,000 square feet is limited to a maximum
of 4,000 square feet, the number of stories being optional; the building
area may be 4,000 square feet for one story, 2,000 square feet for
two stories, and so forth.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided that there are
not conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include
but not be limited to service and political organizations, labor unions,
as well as social and athletic clubs.
An accessory building or part of a principal building used
for the storage of not more than three automobiles owned and used
by the owners or tenants of the premises. Not more than one commercial
vehicle or truck may be stored in a private garage.
Any enclosed or covered space, other than a private garage,
which is used for storage, repair, rental, servicing or supplying
of gasoline or oil to motor vehicles.
A type of apartment house, not exceeding three stories in
height, containing three or more separate dwelling units, which have
common hallways and entrances on a lot which is held in single and
separate ownership having yards in common, but which may also have
other joint facilities and services. The term "garden apartment" shall
not be construed to include townhouses.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
A dwelling operated by a reasonably responsible individual,
family, or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age, emotional, mental, or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons subject to protection under the Federal Fair Housing
Act,[1] as amended. Group homes must be licensed where required
by any appropriate government agencies, and a copy of any such licenses
must be delivered to the Borough prior to beginning the use. A group
home typically involves an individual residing on the premises for
more than 30 days at a time.
A person, as defined in this section, which holds a permit
from the Pennsylvania Department of Health to grow and process medical
marijuana.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution facility and other discarded material, including solid,
liquid, semisolid, or contained gaseous material, resulting from municipal,
commercial, industrial, institutional, mining, for agricultural operations,
and from community activities, or any combination of the above, which
because of its quantity, concentration, or 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, exposed
of, or otherwise managed.
Those substances or chemicals that are physical hazards as
defined by the International Fire Code, whether the materials are
in usable or waste condition.
A commercial business that offers active recreational and/or
fitness activities. Such activities are provided only to club members
and their guests. Such facilities do not include golf courses.
See "building height."
A structure's vertical measurement from the mean level of
the ground abutting the structure to the highest point of the structure.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A facility for the retail sale of a combination of products
used in the construction, repair, and improvement of homes, including
but not limited to lumber, masonry products, exterior siding, roofing,
plumbing fixtures, pipes, electrical supplies, floor coverings, paints
and wall coverings, windows and glass, landscaping materials, hardware,
tools, and other accessories. Home improvement stores shall always
involve outdoor storage of materials; any facilities that sell the
above-described products that do not have outdoor storage can be considered
the general retail sale of goods.
A use customarily conducted within a dwelling and carried
on by the residents therein, provided that the use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes, the
exterior appearance of the structure or premises is constructed and
maintained as a residential dwelling and no goods are publicly displayed
on the premises other than signs as provided herein. "Home occupation"
shall include no-impact home based business. Extension of work-related
activities through telework are exempt.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care.
A building used as the more or less temporary abiding place
of 10 or more individuals who are, for compensation, lodged, with
or without meals, and in which no provision is made for cooking in
any individual room or suite. A hotel may include restaurants, newsstands
and other accessory services primarily for serving its occupants and
only incidentally the public.
Those housing units designed for and intended for occupancy
exclusively by the elderly. Such units shall include those projects
developed under applicable federal and/or state housing assistance
programs. Such housing units shall contain appropriate safety features
pertinent to the needs of their residents and ancillary recreational
and other community facilities as an integral part of their development
concept. The developer of such housing units in the Borough of Middletown
must guarantee that said units would be occupied solely by elderly
residents. Furthermore, "elderly housing" shall be defined as consisting
of the following living arrangement types:
MULTIFAMILY INDEPENDENT ELDERLY HOUSINGA multiple-family dwelling designed exclusively for elderly residents living in separate dwelling units. Such residents typically do not require regular assistance or supervision in performing daily tasks.
PERSONAL CARE HOMEAny premises 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 such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. Sometimes known as "assisted living."
NURSING HOMEA licensed long-term care establishment providing professional nursing, health care, dietary and other similar personal services to convalescents, nonambulatory and semiambulatory or aged persons, requiring constant care on a long-term basis.
A document issued by the Pennsylvania Department of Health
that permits access to medical marijuana.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
The horizontal area of buildings, driveways, parking spaces,
patios, sidewalks, streets, structures, swimming pools, walkways and
all man-made constructions which water will not readily penetrate,
and which thereby prevent absorption of rain or snowmelt, increasing
drainage runoff and leading to soil erosion, stream sedimentation
and flooding. Other surfaces may be designated by the Borough Planning
Committee, upon recommendation by the Borough Engineer, as impervious
within the meaning of this definition.
Any type of structure, excavation or pavement.
Includes scrap metals and their alloys and bones, rags, paper,
used cloth, used rubber, used rope, used tinfoil, used bottles, old
or used machinery, used lumber, used boxes or crates, used pipe or
pipe fittings, used tires and any vehicle currently unlicensed or
uninspected or obsolete as to make it unusable in its existing condition,
but subject to being dismantled.
An area of land, with or without buildings, used for the
storage outside a completely enclosed building of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, vehicles, or parts thereof,
with or without the dismantling, processing, salvage, sale, or other
use or disposition of the same. The deposit or storage on a lot of
one or more unlicensed, wrecked, or disabled vehicles, or the major
part thereof, shall be deemed to constitute a junkyard. (A disabled
vehicle is a vehicle intended to be self-propelled that shall not
be operable under its own power for any reason or a vehicle that does
not have a valid current registration plate or that has a certificate
of inspection which is more than 60 days beyond the expiration date.)
Any lot on which three or more animals (except relating to
a farm) are kept, boarded, raised, bred, treated, or trained for a
fee, including but not limited to dog or cat kennels.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
The planting or arranging of natural scenery, including but
not limited to grass and other plantings, such as trees and shrubs,
to provide a visual barrier and reduce the flow of dirt, fumes and
noise.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in an apartment
house.
See "boarding-, lodging or rooming house."
A parcel of land separately described by a metes and bounds
description which is recorded in the office of the Recorder of Deeds
of Dauphin County by deed description or is described by an approved
subdivision plan recorded in the office of the Recorder of Deeds of
Dauphin County.
LOT AREAThe total area within the lot lines.
LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards, one side yard and one rear yard.
LOT, INTERIORA lot, other than a corner lot, the sides of which do not abut a street.
LOT LINEThe lines bounding a lot as defined herein.
LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.
LOT WIDTHThe horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line.
A function involving either the processing or production
of materials, goods or products.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit or in
two 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 without a permanent foundation.
Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes placed in parks shall meet the requirements for mobile home parks listed in § 260-198 of this chapter. Mobile homes placed on individual lots shall be considered "dwellings" and be bound by the requirements there imposed. For the purposes of § 260-136 of this chapter, any travel trailer, as defined herein, that is contained on the same parcel for more than 180 days in any calendar year shall be considered a mobile home.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
See "building coverage."
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[2]
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana growers/processors
and/or dispensaries.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
A dispensary or grower/processor of marijuana for medical
purposes.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
Any building or group of buildings occupied by three or more
medical practitioners and related services for the purpose of providing
health services to people on an outpatient basis.
A building and/or series of buildings divided into separate
storage units for personal property and/or property associated with
some business or other organization. These units shall be used solely
for dead storage, and no processing, manufacturing, sales, research
and development testing, service and repair, or other nonstorage activities
shall be permitted.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A building or group of buildings, whether detached or in
connected units, used as separate sleeping quarters primarily for
transient automobile travelers and providing for accessory off-street
parking facilities. The term "motel" includes buildings designated
as "tourist courts," "tourist cabins," "motor lodges" and similar
terms.
See "home occupation."
A building, lot, structure or use of land which does not
conform to the regulations of the zone in which it is located and
which was lawfully existing prior to the enactment of this chapter
or the prior zoning ordinance.
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 zone in which it is located by
reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in this
chapter, or amendment heretofore or hereafter enacted, where such
structure lawfully existed prior to the enactment of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter, or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of such ordinance or amendment or prior to the application
of such ordinance or amendment to its location by reason of annexation.
Wireless communications facilities located or co-located
on existing structures, such as, but not limited to, buildings, water
towers, electrical transmission towers, utility poles, light poles,
traffic signal poles, flagpoles and other similar structures that
do not require the installation of a new tower. This term includes
the replacement of an existing structure with a similar structure
that is required to support the weight of the proposed WCF.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
Facilities designed for the housing, boarding, and dining
associated with some level of nursing care.
A place where the primary use is conducting the affairs of
a business, profession, service, or government, including administration,
recordkeeping, clerical work, and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year); for the purposes of this
chapter, the regulatory flood.
The unoccupied space open to the sky on the same lot with
the building.
Primary businesses where passenger vehicles may be stored
for short-term, daily, or overnight off-street parking, and connected
to a street by an access drive.
An accessory use in which required and, possibly, additional parking spaces are provided subject to the requirements listed in Article XVI of this chapter.
The space within a building or on a lot or parking lot for
the parking or storage of one licensed vehicle having access to a
driveway, alley or street.
Those facilities designed and used for recreation purposes
by the general public that are owned and operated by a government
or governmental agency/authority or are operated on a nonprofit basis.
This definition is meant to include the widest range of recreational
activities, excluding adult entertainment uses, and amusement arcades.
A wall used or adapted for joint services between two buildings
or dwelling units.
A cabinet-level state agency responsible for planning and
coordinating health resources, and licensure of medical facilities
within and throughout the Commonwealth of Pennsylvania.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania, provided that "person" does not include or apply
to the Borough or to any department or agency of the Borough.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017; amended 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
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 this chapter.
The Planning Committee of the Borough of Middletown.
A map, plan or layout showing the subdivision of land and
indicating the location and boundaries of individual properties.
A wireless communications facility located in the public
rights-of-way with a support structure consisting of a single new
utility pole installed for the primary purpose of supporting one or
more WCFs.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A roofed or unroofed structure projecting from a building,
separated from the building by the walls of the building and having
no enclosing features except roof supports, railings and screen wire.
Any lot, parcel or tract of land and any building constructed
thereon.
The basic purpose for which a building or land area is occupied,
such as a dwelling or the conduct of commercial, manufacturing, institutional
or governmental activities, as distinguished from accessory or incidental
uses, such as a detached private garage or storage building, or other
facilities which may be necessary but are incidental to the basic
or primary occupancy or use.
A legally established right-of-way, other than a street or
alley, which provides access to a lot or lots.
The providing of services to clients by a person having special
training and qualifications, licensed or registered to practice by
the Commonwealth of Pennsylvania as applicable, such as an architect,
attorney, dentist, physician, engineer, realtor, accountant or the
like. For the purposes of this chapter, "professional occupation"
shall not include activities of a commercial, mechanical or agricultural
nature, whether or not licensing or registration by the Commonwealth
of Pennsylvania is involved, such as barbershops, beauty shops, contractors'
offices, greenhouses or plant nurseries, hospital or nursing facilities,
or the like.
Owned, operated, or controlled by a governmental agency (federal,
state, or local, including a corporation created by law for the performance
of certain specialized governmental functions, and the Board of Education).
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action on zoning-related matters.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 Pa.C.S.A.
§ 701 et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough of Middletown.
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. Public
notice for rezoning, special exception, conditional use and/or variance
requests shall also include the posting of a sign at conspicuous locations
along the perimeter of the subject property; these sign(s) shall be
posted at least one week prior to the hearing and will exhibit the
nature, date, time and location of the hearing.
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection. Such systems are capable of serving multiple
users.
Includes public and semipublic uses of a welfare and educational
nature, such as schools, parks, fire stations, municipal buildings
and garages, etc.
A municipal water supply system or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving multiple
users.
The registry established by the Pennsylvania Department of
Health for all medical marijuana organizations and practitioners.
[Added 2-7-2017 by Ord.
No. 1336, approved 2-21-2017]
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this and other chapters
and ordinances have been prepared; for the purposes of this chapter,
the one-hundred-year flood.
The one-hundred-year flood elevation.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
See "conversion apartment."
An establishment that serves prepared food, beverages or
desserts, primarily on nondisposable tableware, where the customer
is normally served by a restaurant employee at their table, booth
or counter, at which said items are consumed, but can provide for
incidental carry-out service so long as the area used for carry-out
service does not exceed 5% of the total patron seating area nor 80
square feet, whichever is less. Caterers shall be included in this
definition.
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers and in which
the food or beverages are not typically delivered to the customer's
table by an employee of the restaurant. Such restaurant shall also
include the ordering from and delivery of food directly from the restaurant
to the customer in his or her car.
Retail stores are those businesses whose primary activities
involve the display and retail sales of goods and products. This term
shall not include adult-related facilities as defined herein.
A corridor of publicly owned land for purposes of maintaining
primary vehicular and pedestrian access to abutting properties, including,
but not limited to, roads, streets, highways and sidewalks. Abutting
property owners are prohibited from encroaching across the right-of-way
line. (See also "street line.")
Relating to, formed by or resembling a river (including tributaries),
a stream, brook, etc.
See "boarding-, lodging or rooming house."
A device incorporating a reflective surface which is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as "satellite earth stations,"
"TVROs," and "satellite microwave antennas."
A group of commercial uses planned and designed for the site
on which it is built, functioning as a unit, with shared off-street
parking provided on the property as an integral part of the unit.
A device for visual communication that is used to bring the subject to the attention of the public, but not including lettering or symbols that are an integral part of another structure, or flags or other insignia of any government, fraternal, or similar organization. See § 260-175 for additional sign type definitions.
A wireless communications facility that meets the following
criteria:
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume.
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio-frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
Garbage, refuse and other discarded materials, including,
but not limited to, solid and liquid waste materials resulting from
municipal, industrial, commercial, agricultural and residential activities.
Such wastes shall not include biological excrement nor hazardous waste
materials as defined in 40 CFR 261 (1985), or as amended.
A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 260-233 of this chapter.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
That portion of a building included between the surface of
any floor and the surface of the floor next to it or, if there is
no floor above it, then the space between any floor and the ceiling
next above it.
Includes street, avenue, boulevard, road, highway, freeway,
lane, viaduct and any other dedicated and adopted public right-of-way
used or intended to be used by vehicular traffic and/or pedestrians.
The dividing line between a lot and the outside boundary
of a public street, alley or street right-of-way or between a lot
and a private road.
Any change to a structure or an addition to any structure,
but not including normal maintenance or minor repairs or improvements.
Any construction of materials having a vertical height from
the surrounding land or water surface in excess of one foot, including
but not limited to buildings, flagpoles, light standards, platforms,
signs or signposts, stadiums, storage bins and towers.
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility shed, etc.).
STRUCTURE, PRINCIPALA structure associated with a primary use.
Structures shall not include such things as fences, sandboxes,
decorative fountains, swing sets, birdhouses, birdfeeders, mailboxes,
and any other similar nonpermanent improvements.
A building containing three or more apartments, each containing
up to four persons (who may be unrelated) and who are attending undergraduate
or graduate programs offered by colleges or universities or are on
semester break or summer break from studies at colleges or universities,
or any combination of such persons. The residents of a student home
share living expenses and may live and cook as a single housekeeping
unit. This definition does not include group homes or boarding-, lodging
or rooming houses. This definition shall include, but not be limited
to, institutionally owned dormitories for students enrolled in an
institution of higher education, with common access or independent
outside access.
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, transfer of ownership, or building
or lot development.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either before the improvement or repair is started or,
if the structure has been damaged and is being restored, before the
damage occurred. For the purpose of this definition, substantial improvement
is considered to occur when the first alteration of any wall, ceiling,
floor, or other structural part of the structure commences, whether
or not that alteration affects the external dimensions of the structure.
A modification substantially changes the physical dimensions
of an eligible support structure if it meets any of the following
criteria:
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater;
Changes in height should be measured from the original support
structure in cases where deployments are or will be separated horizontally,
such as on buildings' rooftops; in other circumstances, changes in
height should be measured from the dimensions of the tower or base
station, inclusive of originally approved appurtenances and any modifications
that were approved prior to the passage of the Spectrum Act.[3]
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site;
It would defeat the concealment elements of the eligible support
structure; or
It does not comply with conditions associated with the siting
approval of the construction or modification of the eligible support
structure or base station equipment, provided, however, that this
limitation does not apply to any modification that is noncompliant
only in a manner that would not exceed the thresholds identified in
§ 1.40001(b)(7)(i) through (iv).[4]
Any pool not located within a completely enclosed building
and containing, or normally capable of containing, water to a depth
at any point greater than 24 inches. Farm ponds and/or lakes are not
included, provided that swimming was not the primary purpose for their
construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
A work arrangement in which employees enjoy flexibility in
working location and hours. In other words, daily commute to a central
place of work is replaced by telecommunication links. Many work from
home, while others, occasionally also referred to as "nomad workers"
or "web commuters" utilize mobile telecommunications technology to
work from coffee shops or other locations. "Telework" is a broader
term, referring to substituting telecommunications for any form of
work-related travel, thereby eliminating the distance restrictions
of telecommuting.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone and radio messages
between subscribers and other business of the telephone company, provided
that, in a residential district, a telephone central office shall
not include public business facilities, storage of materials, trucks
or repair facilities or housing of repair crews.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
A dwelling in which more than three bedrooms are provided
for overnight accommodation of transient persons in return for compensation,
whether or not the premises are owner-occupied. Premises operated
as herein described shall be deemed to be, and shall be regulated
as, hotels and motels.
An owner-occupied dwelling in which no more than three bedrooms
are provided for overnight accommodation of transient persons in return
for compensation.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
See "dwelling, single-family attached."
See "manufactured (mobile) home."
A portable structure primarily designed to provide temporary
living quarters for recreation, camping or travel purposes. In addition
to the above, any of the following attributes are characteristic of
a travel trailer:
The unit is of such size or weight as not to require a special
highway movement permit from the Pennsylvania Department of Transportation
when self-propelled or when hauled by a standard motor vehicle on
a highway;
The unit is mounted or designed to be mounted on wheels;
The unit is designed to be loaded onto, or affixed to, the bed
and/or chassis of a truck;
The unit contains, or was designed to contain, temporary storage
of water and sewage; and
The unit contains some identification by the manufacturer as
a travel trailer.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces and which is available and
accessible to all occupants of the building or buildings on said lot
for purposes of active or passive outdoor recreation.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A modification of any provision of this chapter granted by
the Zoning Hearing Board subject to findings specified by the Act.
An assembly of parts having a wheel or wheels, or revolving
track or tracks, which enable the assembly to be more readily moved
over the land or other surfaces, used or intended for use in transporting
persons, other living things, materials of any kind or other assemblies.
CABIN TRAILERA roadable trailer having a fixed cabin, containing sleeping or toilet or cooking facilities or any combination thereof.
CARGO TRAILERA roadable trailer, whether or not provided with sides or roof, used to transport materials of any kind.
CONSTRUCTION VEHICLEA vehicle designed for earthmoving or specially fitted for the transport of liquid, solid or semisolid construction materials or having accessory machinery used in construction, such as air compressors, electric generators, materials for heating or cooling or lift equipment for persons for materials.
EQUIPMENT TRAILERA roadable trailer designed for the transport of a particular kind or kinds of equipment, such as boats, construction or excavating machines or industrial machines.
FARM TRAILERA trailer used on a farm property, whereon salable crops, livestock or dairy items are produced.
FARM VEHICLEA powered vehicle used on a farm property, whereon salable crops, livestock or dairy items are produced.
GROUNDS VEHICLEA vehicle designed or used for lawn care, gardening or other groundskeeping on residential, institutional, commercial or industrial properties.
HEAVY COMMERCIAL VEHICLEA motor vehicle having any business identification or advertising or any passenger vehicle seating more than six persons or any cargo vehicle having a deadweight capacity exceeding one ton.
INDUSTRIAL VEHICLEA vehicle designed for use in an industrial plant or grounds, for materials conveyance or having accessory machinery such as air compressors, electric generators, materials for heating or cooling of lift equipment for persons or materials.
INSPECTED MOTOR VEHICLEA licensed motor vehicle which has a currently valid state inspection status, indicating that it has been found in a state of repair rendering it safe for operation on the public streets, under the motor vehicle laws of Pennsylvania or another state.
LICENSED TRAILERA roadable trailer which has a currently valid license for use on the public streets, under the motor vehicle laws of Pennsylvania or another state.
LIGHT COMMERCIAL VEHICLEA motor vehicle on which is displayed any business identification or any advertising and which would otherwise be classifiable as a personal auto or personal truck.
MOTOR BIKE or MOTORCYCLEA motor vehicle having two or three wheels.
MOTOR BUSAn inspected motor vehicle designed or fitted for carrying passengers, having a total seating capacity of more than six persons.
MOTOR HOMEA motor vehicle which contains sleeping, toilet and cooking facilities.
MOTOR TRUCKAn inspected motor vehicle designed for carrying cargo in an open or enclosed body, usually with seating capacity for two persons, and having a deadweight cargo capacity of one ton or more.
MOTOR VEHICLEA powered vehicle, or one designed to be powered, which may be title-registered under the motor vehicle laws of Pennsylvania or another state.
PERSONAL AUTOAn inspected motor vehicle designed for carrying passengers, including passenger automobiles, passenger vans, station wagons and vans, having a capacity not exceeding 12 persons, nor 1Â 1/4 tons.
PERSONAL TRUCKAn inspected motor vehicle designed for carrying cargo in an open or closed body, usually with seating capacity for two persons, and having a deadweight cargo capacity not exceeding one ton.
POWERED VEHICLEA vehicle having an engine or motor which is coupled to the wheels or tracks so as to propel the vehicle.
RECREATION VEHICLEA powered vehicle designed or used for recreation purposes, generally not classified as a motor vehicle, such as terrain vehicles or snowmobiles.
RESTORATION VEHICLEA titled motor vehicle, usually not currently licensed, usually in or having been in a deteriorated condition, which is being, or is intended to be, reconditioned inside and out, in appearance and mechanically, to good operating condition.
RESTORED VEHICLEA restoration vehicle on which the reconditioning has been largely completed, which is now a titled motor vehicle, and which is in a condition to be a licensed and inspected motor vehicle.
ROADABLE TRAILERA trailer which may be licensed for use on the public streets, under the motor vehicle laws of Pennsylvania or another state.
TENT TRAILERA roadable trailer containing sleeping, toilet or cooking facilities, or any combination thereof, and a collapsible tent-like enclosure.
TITLED MOTOR VEHICLEA motor vehicle for which an ownership title is filed under the motor vehicle laws of Pennsylvania or another state.
TRAILERA vehicle designed and arranged to be pulled or towed by a powered vehicle.
UNPOWERED VEHICLEA vehicle having no engine or motor for propulsion, which is propelled by pushing or towing.
UTILITY TRAILERA trailer, other than a roadable trailer, which is designed or intended for use only on private property.
VEHICLE PARKINGThe short-term storage of an inspected motor vehicle or licensed trailer, during periods when not in use, said periods usually measurable in minutes, hours or days.
VEHICLE STORAGEThe long-term storage of any vehicle not in regular use, with periods usually measurable in weeks, months or years.
An establishment intended to be used primarily for exterior
and interior washing, polishing and cleaning of personal autos, personal
trucks and similar types of personal passenger vehicles and trailers,
motorbikes, motorcycles and light commercial vehicles, as defined
herein, and not involving the sale or dispensing of fuel or the repair
of vehicles.
[Added 7-18-2023 by Ord. No. 1408, approved 7-18-2023]
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits and birds or
fowl. No outdoor boarding of animals is permitted.
An educational use that offers training of the following
occupations:
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
Shall include blades, hubs to which blades are attached,
and any device, such as a tower, used to support the hub and/or rotary
blades, etc.
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
Any device which converts wind energy to mechanical or electrical
energy.
An opening to the outside, other than a door, which provides
all or part of the required natural light or natural ventilation,
or both, to an interior space.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
An antenna facility or a wireless support structure that
is used for the provision of wireless service, whether such service
is provided on a stand-alone basis or commingled with other wireless
communications services.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way or other Borough-owned land or property.
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
A pole, tower, base station, or other building, whether or
not it has an existing antenna facility, that is used or to be used
for the provision of wireless service (whether on its own or commingled
with other types of services).
[Added 12-5-2019 by Ord. No. 1367, approved 12-5-2019]
An area between the permitted structures and the property
lines.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards, one of which is primary and the other secondary. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARThe area contained between the rear property line and the principal structure. On reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address.
YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the streets.
The designation of specified districts within the Borough,
reserving them for certain uses, together with limitations on lot
size, heights of structures and other stipulated requirements.
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
