Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meaning indicated herein. The singular shall include the plural,
and the plural shall include the singular. The phrase "used for" includes
the phrase "arranged for," "designed for," "intended for," "maintained
for" or "occupied for." The word "building" shall include the word
"structure." The present tense shall include the future tense. The
words "shall" and "will" are mandatory and not discretionary, and
the word "may" is permissive.
In this chapter, words, terms and phrases shall
have the following meanings:
The cessation of a use of a property, land and/or structures
by the owner for a period of at least one year.
A subordinate structure, the use of which is clearly incidental
to that of the principal building on the same lot or to the use of
the land. Tool sheds shall be considered accessory structures.
A use of land or of a building or a portion thereof customarily
incidental and subordinate to the principal use and located on the
same lot.
Any place to which the public is permitted or invited wherein
coin operated or slug operated or electronically, electrically or
mechanically controlled still or motion producing devices are maintained
to show images to five or fewer persons per machine at any one time
or where the image is so displayed over distinguished or characterized
by depicting or describing specified sexual activities or specified
anatomical areas.
[Added 6-16-1994 by Ord. No. 871]
Offering adult entertainment; any cabaret, dance hall club,
tavern, bar, nightclub, restaurant or similar commercial establishment
offering entertainment used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
specified sexual activities or specified anatomical areas, for observation
by patrons therein whether or not liquor is sold on the premises.
Such presentation or material may be live or through films, motion
pictures, video cassettes, slides or other photographic reproduction
depicting or describing specified sexual activities or specified anatomical
areas.
[Added 6-16-1994 by Ord. No. 871]
Live or non-live entertainment containing specified sexual
activities or displaying or presenting specified anatomical areas.
This definition is a broad overall definition which includes the activities
adult cabaret, adult dance hall, adult club, adult bar, adult tavern,
adult materials sales, adult mini motion picture theater, adult motion
picture theater, and peep shows as part of its definition for adult
entertainment.
[Added 6-16-1994 by Ord. No. 871]
[Added 6-16-1994 by Ord. No. 871]
Book, video, magazine sales, other printed matter,
photographs, films, motion picture video or production slides or other
visual representation and/or rentals where either the materials, advertising
or the displays or the signs in or out of the locations offer written
material showing, displaying, used for presenting material distinguished
or characterized by an emphasis on matter depicting or describing
specified sexual activities or specified anatomical areas, for observation
by patrons therein. This does not apply to the availability for sale
of any material displayed in such a way that only the name of the
book or magazine appears.
Instruments, devices or paraphernalia which
are used for presenting material distinguished or characterized by
an emphasis on matter depicting or describing specified sexual activities
or specified anatomical areas.
Such a commercial establishment as listed in Subsections A and B may have other principal business purposes that do not involve the offering for sale or rental of material depicted or describing specified sexual activities or specified anatomical areas and still be characterized as adult material sales. Such other business purposes will not serve to exempt such commercial establishments from being categorized as adult material sales so long as one of its principal business purposes is the offering for sale or rental for consideration in specified materials used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
Any enclosed, or semi-enclosed, or unenclosed building which
houses a commercial establishment with the capacity for less than
50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas, for observation by patrons
therein.
[Added 6-16-1994 by Ord. No. 871]
A hotel, motel or similar commercial establishment which
offers accommodation to the public for any form of consideration;
provides patrons of closed circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproduction
which are used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas.
[Added 6-16-1994 by Ord. No. 871]
Any enclosed, or partially enclosed, or unenclosed building
which houses a commercial establishment with the capacity of 50 or
more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas, for observation by patrons
therein.
[Added 6-16-1994 by Ord. No. 871]
A public way affording a secondary means of vehicular access
to abutting property, and not intended for general traffic circulation.
Its primary functions are to provide access to the rear of abutting
lots, to enable buildings to be located closer to the street and thereby
enhance the streetscape character by moving garage doors and curb
cuts away from the frontage street.
[Amended 2-19-2015 by Ord. No. 1116]
A change or rearrangement in the structural parts or in the
means of egress from a building or an enlargement, whether by extending
the building or increasing building height.
Any change that results in a significant change in the visual
appearance of a building as viewed from any street or sidewalk.
A person who applies by filling out an application for a
permit for an adult entertainment business.
[Added 6-16-1994 by Ord. No. 871]
A metal framework attached to the frame of a building with
a flexible material covering, without any vertical members supporting
it at grade level.
[Added 8-15-1996 by Ord. No. 903]
A financial institution organized primarily for the purpose
of lending and receiving money and the accounts and deposits of which
are insured by an agency of the federal government. Credit Unions
are considered banks.
[Amended 12-16-1999 by Ord. No. 938]
A use that provides overnight accommodation and may provide
a single morning meal and afternoon tea for a limited number of transient
guests for compensation either in more than one room or to more than
two persons at any one time.
[Added 11-20-2008 by Ord. No. 1051-2008; amended 7-20-2017 by Ord. No.
1126-2017]
An off-premises sign displaying changeable or permanent advertising
copy which pertains to a business organization, event, person, place,
service or product not principally located or sold on the premises
upon which said sign is located and which is supported by one or more
uprights upon the ground with or without braces and not attached to
a building or structure.
[Added 1-20-2000 by Ord. No. 940]
Media Borough, Delaware County, Commonwealth of Pennsylvania.
[Added 11-20-2008 by Ord. No. 1051-2008]
Any structure used or intended for supporting or sheltering
any use or occupancy.
The aggregate of the horizontal cross-sectional areas of all buildings on a lot, and excluding only such projections as are permitted in required yards in § 311-61.
The lesser of the vertical distance measured from the average
level of the ground as provided by the BOCA building regulations surrounding
the structure or from the average level of the ground at the center
line(s) of the public street(s) abutting the property, to the highest
point of the roof for flat roofs and to the ridge for gable, hip and
gambrel roofs; provided that chimneys, spires, towers, mechanical
penthouses, tanks, antennas and similar projections of the building
not intended for human occupancy shall not be included in calculating
the height. In the event the property is on a corner, the lesser vertical
distance is measured at the center line of each street to the same
highest point described in the prior sentence. This definition is
to be used to determine the building height in each zoning district.
[Amended 1-15-2004 by Ord. No. 984]
A line parallel to the street right-of-way line at a distance
therefrom equal to the depth of the front yard required for the district
in which the lot is located.
The line which defines the placement of the building from
the street on which the building fronts. The build-to line of the
building forms the street wall line. On a corner lot, the build-to
line is located on each side of a lot abutting a street. A build-to
line may have a recess or projection up to four feet in order to promote
variations of building placement on a block.
[Added 7-19-2007 by Ord. No. 1031]
A legal commercial or mercantile activity engaged in as a
means of livelihood or income as defined by the Federal Internal Revenue
Code.
[Added 6-19-2003 by Ord. No. 973]
A metal framework attached to the frame of a building with
a flexible material covering, partially or fully supported by vertical
members bearing at grade level.
[Added 8-15-1996 by Ord. No. 903]
The minimum paved area of a public or private street within
which vehicles are permitted.
A document issued by the duly authorized local authority
allowing the occupancy or use of a building and certifying that the
structure or use has been constructed or will be used in compliance
with all applicable local codes and ordinances.
A department and/or agency of the Borough after inspection
of the premises for adult entertainment writes a report to the Code
Enforcement Officer regarding compliance or noncompliance.
[Added 6-16-1994 by Ord. No. 871]
A building or group of buildings, including customary accessory
buildings, designed or intended for organized religious services.
A social, professional, philanthropic or similar organization
characterized by the payment of dues, regular meetings, and a constitution
and/or bylaws. A building is used for club or lodge purposes when
it serves as a meeting place for such organization and is not an adjunct
to or operated by or in connection with a public tavern, cafe or other
public place.
A duly appointed official empowered to administer and enforce
the Zoning Chapter and other Borough ordinances.
Of or relating to the legal buying, selling, or trading of
a product or products for the purpose of a means of livelihood or
income as defined by the Federal Internal Revenue Code.
[Added 6-19-2003 by Ord. No. 973]
A parcel or parcels of land or an area of water, or a combination
of land and water within a land development or subdivision, designed
and intended for the use or enjoyment of residents or occupants thereof,
not including streets, off-street parking areas and areas set aside
for public facilities.
A driveway for the use of two parcels or lots under separate
or common ownership and that driveway is located on one or both properties.
[Added 7-15-2004 by Ord. No. 994]
A facility providing day care and early child educational
services to seven or more children at any one time where the child-care
areas are not being used as family residence.
[Added 3-5-2020 by Ord. No. 1139]
A single driveway that serves more than two multiple dwelling
units in the same community. The ownership and/or maintenance of the
community driveway shall be the legal responsibility of all owners
of the dwellings units as set forth in the deeds of the properties
and/or any joint homeowners' agreements.
[Added 7-15-2004 by Ord. No. 995]
A multiple off-street parking area that serves more than
two multiple dwelling units for the use and enjoyment for all dwelling
units in the same community. The ownership and/or maintenance of the
community parking area shall be the legal responsibility of all owners
of the dwellings units as set forth in the deeds of the properties
and/or any joint homeowners' agreements.
[Added 7-15-2004 by Ord. No. 995]
A residential facility licensed by the appropriate agency
and used as living quarters by persons requiring special care, and
by their adult supervisors. A family-based community residence facility
is specifically designed to create a residential environment for the
following types of individuals: developmentally disabled, mentally
ill, physically handicapped, elderly, dependent children or similar
types of individuals who are unable to live without supervision. This
definition does not include facilities for the mentally retarded.
A residential facility licensed by the appropriate agency
and used as living quarters by persons requiring special care and
by their adult supervisors. A community residence facility for the
physically and/or mentally disabled is specifically designed to create
a residential environment for the physically and/or mentally disabled.
[Amended 8-15-1996 by Ord. No. 903]
The facilities which provide for various community services
such as health, education, safety, leisure and like needs and the
locations at which these services are provided. Typical community
facilities include: schools, parks and recreational areas, libraries,
hospitals and other health-care facilities, fire protection, police,
ambulance and rescue services and postal services.
The Media Borough Comprehensive Plan, as may be amended from
time to time, including maps, tables and text which constitute a guide
for local decisions regarding land use, housing, circulation, parking
and community facilities in Media Borough.
A building or group of buildings in which units are owned
individually and the structure, common areas and facilities are owned
by all the owners on a proportional, undivided basis.
The erection of a new building, structure or object upon
a site.
[Added 11-20-2008 by Ord. No. 1051-2008]
A change in the use of a building; for example, the change
of a single-family dwelling to a multifamily dwelling which may include
an efficiency apartment or the change of a retail use to office use.
Such change may be accomplished without subdivision or the introduction
of a new owner. Where the use and dimensional regulations of this
chapter permit, such conversion may be accomplished by appropriate
alteration upon the issuance of a land development approval and the
issuance of the necessary permits.
[Amended 7-15-2004 by Ord. No. 995]
The Media Borough Council.
[Added 11-20-2008 by Ord. No. 1051-2008]
A type of plaza, surfaced primarily with decorative pavers,
and typically enclosed by buildings.
[Added 2-19-2015 by Ord.
No. 1116]
A facility which provides supplemental parental care and
supervision and/or instruction to more than six children during the
entire or any portion of the day.
A flat floored roofless structure without walls adjoining
a house or building that is usually constructed of wood or wood-type
products and is elevated above the ground.
[Added 5-20-2004 by Ord. No. 989]
The razing or destruction, whether entirely or partially,
in an amount in excess of 25% of the facade area or floor area of
an historic resource. Demolition includes the removal of an historic
resource from its site.
[Added 11-20-2008 by Ord. No. 1051-2008]
The maximum number of dwelling units per gross acre.
Any owner, equitable owner or agent of such owner or tenant
with the permission of such owner who makes or causes to be made a
subdivision of land, land development or any other development.
The division of a parcel of land into two or more lots; any
man-made changes to land, including but not limited to the construction,
reconstruction, erection, conversion, structural alteration, relocation
or enlargement of any structure; and mining, excavation, landfill,
filling or other land disturbance.
To place, present or exhibit.
[Added 6-19-2003 by Ord. No. 973]
A privately owned vehicular access with a single entry from
a public or private street or road to a parking area contained on
a lot or property, the use of which is limited to persons residing
on or otherwise using or visiting the parcel upon which such driveway
is located. Driveways shall not be the sole part of said lot or parcel
of land that contacts the public or private street or road. That portion
of a lot or parcel of land which abuts a public or private street
or road and is used as a driveway shall not be considered as part
of the required area and bulk requirements and/or setbacks for any
zoning district.
[Added 7-15-2004 by Ord. No. 994]
A building designed for residential use.
A building designed and used exclusively as a residence for
three or more families living independently of one another.
A single-family attached dwelling within a building with
not less than three and not more than five such dwellings. Each such
dwelling has at least one party wall in common with other dwellings
in the same row; a townhouse. If only two townhouses are built with
a common party wall, they are considered single-family semidetached
homes (twin).
[Amended 1-15-2004 by Ord. No. 984]
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
building and having yard areas on all four sides.
A building designed for and occupied exclusively as a residence
for only one family, having one party wall in common with an adjacent
building and having yard areas on three sides. If only two townhouses
are built with a common party wall, they are single family semidetached
homes (twin).
[Amended 1-15-2004 by Ord. No. 984]
A building designed for and occupied exclusively as a residence
for two families living independently of each other with one family
living wholly or partly over the other and having no party wall in
common with an adjacent building; a duplex. "Living partly over another
family" is defined as sharing parts of the structure such as but not
limited to stairs and hallways, but not bathroom or kitchen facilities.
"Detached" is defined as where the two-family structure, identified
in this definition, is not attached to another structure with or without
another family or families.
[Amended 1-15-2004 by Ord. No. 984]
One or more rooms designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
The grant of one or more of the property rights by the property
owner to and/or for the use of the public, a corporation or another
person or entity.
A one-room apartment that contains a small kitchen and bathroom.
An efficiency apartment shall be a use by right or use by special
exception where zoning permits residential conversions or multifamily
dwellings (apartments.) The area and bulk regulations, including minimum
square footage per unit requirements, for these districts shall apply
to efficiency apartments as they do for residential conversions or
multifamily dwellings (apartments.)
[Added 7-15-2004 by Ord. No. 995]
A parking arrangement designed and/or used so as to allow
the parking of abutting rows of vehicles in a parking area serving
a commercial or office use in a manner that the vehicles in the interior
row have no direct, unimpeded access to the street or alley and must
traverse parking spaces in the exterior row to exit the parking area.
The vehicle in the exterior row must be moved in order to allow the
vehicle in the interior row to exit the parking area. Not more than
two such parallel rows shall be permitted. See Illustration 2.
[1][Added 6-16-1994 by Ord. No. 871]
The opening or commencement of any adult entertainment
as a new business;
The conversion of an existing business, whether
or not an adult entertainment, to an adult entertainment business;
The additions of any adult entertainment business
to any other existing adult entertainment business; or
The relocation of any adult entertainment business.
The outside face of the building given special architectural
treatment.
[Added 6-19-2003 by Ord. No. 974]
Occurs when the rear of the building has been improved with
substantial architectural detailing of a pent eave, pilaster, cornice,
arch, column, porch, balcony, or like-type feature or the rear entrance
has been enhanced with landscape detailing including a brick courtyard
wall, wrought-iron fence, pergola, espalier, trellis, arbor, or like-type
feature. Whether an enhancement meets the substantial requirement
shall be reviewed by and determined by the Code Enforcement Officer.
[Added 6-19-2003 by Ord. No. 974]
Any number of individuals living together as a single housekeeping
unit when said individuals are related by blood, marriage or adoption,
including foster children, plus not more than two boarders, two roomers
or two lodgers; or no more than five single, unrelated individuals
living together as a single housekeeping unit with single kitchen
facilities. This definition shall not apply to domestic servants or
occupants of a community residence facility, club, lodge, fraternity,
boardinghouse or similar use.
[Amended 7-20-2017 by Ord. No. 1126-2017]
An institution (other than a bank) that is organized primarily
for the purpose of investing and trading of stocks, bonds and other
investments and the accounts of which are not insured by an agency
of the federal government.
[Added 12-16-1999 by Ord. No. 938]
Any lot not meeting the minimum lot width requirement at
the property boundary and/or at the street line and which includes
an elongated extension to connect the bulk of the said lot to a street
is a flag lot.
[Added 7-15-2004 by Ord. No. 994]
A flood that, on the average, is likely to occur only once
every 100 years, that is one that has a one-percent likelihood of
occurring each year, but may occur more than once in any one-hundred-year
period.
A land area adjoining a river, stream, watercourse or other
body of water, which area is subject to partial or complete inundation;
an area subject to the unusual and rapid accumulation of surface waters
from any source.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of exterior walls, or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for motor vehicles, or any
space where the floor-to-ceiling height is less than six feet. Gross
floor area includes but is not limited to the following:
Basement space, if it meets the requirements
of a building story as defined in this section.
Elevator shaft, stairwell and attic space providing
headroom of six feet or more.
The floor areas of roofed terraces, exterior
balconies, breezeways or porches where over 50% of the perimeter is
enclosed.
Any floor space used for dwelling purposes no
matter where located within a building.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, corridors, vestibules, toilet rooms, equipment
rooms, interior vehicular parking or loading; and all floors below
the first or ground floor, except when used or intended to be used
for other than storage or mechanical purposes.
That portion of floor area devoted exclusively to selling
or display of merchandise or service of customers or patrons.
That side of a lot abutting on a street. On a corner lot
the frontage is the side where the main entrance is located.
A building used for the preparation of the deceased for burial
or cremation and the display of the deceased and ceremonies connected
therewith.
A building accessory to a principal building, used principally
for automobile storage and in which no business, service or industry
whether connected directly or indirectly with motor vehicles is conducted.
A building, or portion thereof, other than a private customer
and employee garage or private residential garage, used primarily
for the parking and storage of vehicles and available to the general
public.
A green space that may be located within the interior of
a property in the TND-1 Overlay District, without having direct frontage
on a street.
[Added 2-19-2015 by Ord.
No. 1116]
The open space in the TND-1 Overlay District intended to
be used as space for public access, in the form of a courtyard, green
court, neighborhood green, plaza, or other like type pedestrian gathering
area.
[Added 2-19-2015 by Ord.
No. 1116]
A substance, either living or nonliving, that forms a dense
covering to prevent soil erosion or weed growth.
A room on building equipped for gymnastics and/or other sports.
[Added 8-15-1996 by Ord. No. 903]
The net floor area of a structure.
[Added 6-19-2003 by Ord. No. 973]
Any building, structure, site or object listed in the Historic
Sites Survey, except for buildings, structures, sites or objects located
within the Historic Districts established by the Borough pursuant
to Ordinance No. 638-B, or any successor or amending ordinance thereto,
where such buildings, structures, sites or objects are governed by
and subject to a review process before the Borough's Historic Architectural
Review Board and Council.
[Added 11-20-2008 by Ord. No. 1051-2008]
The official municipal map, maintained by the Borough, indicating
the locations of historic resources situated in the Borough. The map
is buttressed by the Historic Sites Survey and any supplements and
amendments thereto.
[Added 11-20-2008 by Ord. No. 1051-2008]
An official list and map comprised of historic resources
regulated by this amendment as part of the Media Borough Zoning Code.
[Added 11-20-2008 by Ord. No. 1051-2008]
The Media Borough Historic Sites Survey as prepared by the Delaware County Planning Department, dated November 1990, as updated from time to time either by the Delaware County Planning Department or by the Borough in accordance with the provisions of § 311-149 herein
[Added 11-20-2008 by Ord. No. 1051-2008]
Any building or structure which is historically or architecturally
significant.
[Added 5-15-2008 by Ord. No. 1047; amended 1-20-2011 by Ord. No.
1082]
A surface that prevents the infiltration of water into the ground.
Impervious surfaces include, but are not limited to, any structure
and accessory structure building footprints, parking areas, driveway
areas, decks, walkways, patios and swimming pools; provided, however,
that for the purpose of calculating impervious surface in any R residential
zoning district, the following improvements shall not be included:
An accessory structure footprint of up to 120 square feet provided
that the accessory building is placed upon a stone recharge bed of
six inches of clean three-quarters-inch stone that extends a minimum
of two feet past the roof eaves of the accessory structure.
Walkways four feet or less in width necessary to access the
primary structure from the street or to connect off-street parking
areas located upon the lot with the primary structure.
Uncovered decks with a footprint including access stairs not
exceeding the greater of 10% of the principal structure footprint
or 120 square feet, provided that:
Such decks will have spacing between the floor boards of in
between 1/4 inch and 3/8 inch to allow stormwater drainage through
the deck; and
The ground surface beneath the deck shall be provided with a
stormwater management facility designed to manage two inches of rain
applied over the square footage of the deck.
Additions to the principal structure of less than 100 square
feet where the stormwater from the addition is managed by installation
of either a rain barrel or the planting of a tree with a minimum caliper
of at least two inches.
In all instances above in which a stormwater management solution is required, the applicant may petition the zoning officer for approval of an alternative that meets the requirements of Chapter 251 of the Borough Code.
New development, adaptive re-use of buildings, redevelopment,
and the like.
[Added 7-19-2007 by Ord. No. 1031]
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving a group of two
of more buildings or the division or allocation of land between or
among two or more existing or prospective occupants and properties
by means of, or for the purpose of, streets, common areas, leaseholds,
condominiums, building groups or other features, including a subdivision
of land.
[Amended 7-18-2002 by Ord. No. 958]
Minor land development. The following criteria
shall constitute a minor land development for the purposes of this
chapter:
The cost of the proposed development does not
exceed $250,000; and
The intended development or modification of
a site, or use and occupancy of any existing structure or change of
use group will create a minimal impact upon traffic, drainage, visual
image, landscaping, buffering, lighting or other elements described
within the purposes of this chapter; and/or
The additions to existing nonresidential building
is less the 5,000 gross square feet and does not exceed more than
a twenty-five-percent increase in the size of the existing building;
and/or
The proposal is only a parking lot expansion.
Major land development. Any proposed land development
that shall not meet the criteria of a minor land development shall
be considered a major land development.
An area landscaped with grass, ground cover, shrubs, trees
and/or flowering perennial plants placed where required by the Zoning
Chapter and permanently maintained. Shrubs, trees and flowering perennial
plants in mulched planting beds shall occupy a minimum of 50% of the
square footage of the landscaped planting area.
[Amended 8-15-1996 by Ord. No. 903]
A plan for the installation and maintenance of plantings.
A space in a building or on a lot which is accessible from
the public street system for the temporary use of vehicles while loading
or unloading merchandise, materials or passengers.
A symbol, word or phrase used in advertising that is not
a proper name, or company name.
[Added 8-15-1996 by Ord. No. 903]
A parcel of land on which a main building and any accessory
buildings are or may be placed, together with the required open spaces
and setbacks.
The total horizontal area within the lot lines of a lot.
A lot bounded on at least two sides by streets.
A line of record bounding a lot which line divides one lot
from another lot or from a public or private street or any other public
space.
The line separating the lot from the street right-of-way.
The lot line opposite and most distant from the front lot
line.
Any lot line not a front or rear lot line.
The smallest lot area established by the Borough Zoning Chapter
on which a use or structure may be located in a particular district.
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
Act 16 of 2016, 35 P.S. § 10231.101. et seq.
[Added 7-20-2017 by Ord.
No. 1127-2017]
A person, including a natural person, corporation, partnership,
association, trust or other entity. or any combination thereof, which
is registered with and permitted by the Department of Health of the
Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense
medical marijuana. The term does not include a health care medical
marijuana organization under Chapter 19 of the Medical Marijuana Act.
[Added 7-20-2017 by Ord.
No. 1127-2017]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered with and permitted by the Department of Health of the
Commonwealth of Pennsylvania under the Medical Marijuana Act to grow
and process medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of the Medical
Marijuana Act.
[Added 7-20-2017 by Ord.
No. 1127-2017]
The development of a tract of land or a building with two
or more different uses such as, but not limited to, retail, office
or residential.
A building or group of buildings containing five or more
guest rooms, without cooking facilities of any kind, especially designed
for the temporary lodging of transient guests. Such establishments
shall provide guests with customary hotel services such as maid service
and the furnishing and laundering of linen. Eating and drinking facilities
may be an accessory use to the motel or inn.
A single building containing two or more commercial uses
and having no more than one common primary public entrance.
[Added 8-15-1996 by Ord. No. 903]
A use conducted by the Borough or a Borough authority, such
as parks, playgrounds and other recreational, cultural and conservation
areas, the sites for sewage treatment and other public facilities.
A painting on a wall, or self-supported structure.
[Added 8-15-1996 by Ord. No. 903]
Any motor vehicle as defined by the Commonwealth of Pennsylvania
Vehicle Code and its amendments, with any of the following, but not
limited to: a flat tire, broken windows, without one or more wheels,
the vehicle raised up off its wheels by mechanical or other means,
a vehicle which cannot be readily driven and/or moved or cannot pass
a state inspection, that is parked on the public or private street
or upon private property for a period of 24 hours or more or on a
property, and/or parcel of land and/or a lot for continuous period
of 10 or more days.
[Added 5-20-2004 by Ord. No. 988]
An open space and green space amenity in the TND-1 Overlay
District, typically 2,000 square feet in size and greater and typically
used for passive recreation, around which buildings have frontage.
[Added 2-19-2015 by Ord.
No. 1116]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use.
[Added 6-19-2003 by Ord. No. 973]
A lot, the area, dimensions or location of which were lawful
prior to the adoption, revision or amendment of this chapter but which
fails by reason of such adoption, revision or amendment to conform
to the present requirements of the zoning district in which it is
located.
A structure, the size, dimensions or location of which were
lawful prior to the adoption, revision or amendment of this chapter
but which fails by reason of such adoption, revision or amendment
to conform to the present requirements of the zoning district in which
it is located.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter but which fails by reason of
such adoption, revision or amendment to conform to the present requirements
of the zoning district in which it is located.
A group organized for lawful purposes, other than generating
a profit, such as charitable, educational, political, social, trade,
cultural, scientific, professional or similar organization.
The appearance of the specified anatomical areas without
any coverings on the body area.
[Added 6-16-1994 by Ord. No. 871]
Any person that has filed written objections to the issuance of a demolition permit pursuant to § 311-144D of this article.
[Added 11-20-2008 by Ord. No. 1051-2008]
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
Natural, cultivated or landscaped areas restricted to natural
resource conservation, recreation, buffer or other uses.
A tract of land designated and used by the public primarily
for recreation of an active or passive nature.
A paved area used for the parking of one motor vehicle. The size of such space shall be as required in Article XIII.
A common, shared wall between two separate structures or
dwelling units.
An individual seeking, awaiting, receiving or under medical
care and treatment.
[Added 6-19-2003 by Ord. No. 973]
A green space in the TND-1 Overlay District that is built
and maintained with amenities such as benches, landscaping, planters,
and lighting.
[Added 2-19-2015 by Ord.
No. 1116]
Any enclosed, or semi-enclosed, or unenclosed building/enclosure
which houses a commercial establishment with the capacity for one
person used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activity or specified anatomical areas for observation by parties
therein.
[Added 6-16-1994 by Ord. No. 871]
Pennsylvania Act 247 of 1968 (P.L. 805) as amended, also
cited as 53 P.S. § 10101 et seq., or any subsequent act
of the Commonwealth of Pennsylvania which replaces, supplements or
repeals any or all of the provisions of Act 247.
A set criteria or limits relating to nuisance elements which a particular use or process may not exceed. These standards are listed in Article XI of this chapter.
Written governmental permission issued by the Code Enforcement
Officer empowering the holder thereof to do some act not forbidden
by law, but not permitted without such authorization.
A person or persons who has a permit and/or license to operate
an adult entertainment has been issued, as well as the individual
or individuals listed as an applicant on the application for permit
and/or license.
[Added 6-16-1994 by Ord. No. 871]
An individual, proprietorship, partnership, corporation,
association or other legal entity.
[Added 6-16-1994 by Ord. No. 871]
Includes but is not limited to the U.S. Postal, any or one
of the private delivery services, (i.e., UPS, Federal Express, etc.),
moving and or transport companies.
[Added 6-19-2003 by Ord. No. 973]
A strip of evergreen plantings (shrubs and/or trees), or
a mix of both evergreen plantings and up to 50% deciduous plantings,
which at the time of planting are of the minimum height required by
the Zoning Chapter. The number of individual specimens required for
a planted buffer is determined by dividing by 15 the total linear
feet of the property line along which the buffer is to be installed.
In the case of a fractional result, the number of specimens shall
be rounded up to the next highest whole number. Stems of individual
specimens may not be separated by more than 20 linear feet at the
time of planting. Each individual specimen shall be provided a minimum
of 20 square feet of previous planting area. The planted buffer is
intended to provide visual beauty, reduce noise and dust and provide
a partial visual screen. Such buffers will be permanently maintained
so as to continue to provide its purposes.
[Amended 8-15-1996 by Ord. No. 903]
A strip of evergreen trees and/or shrubs adjacent to the
boundary of a property which, at the time of planting, are of the
minimum height required by the Zoning Chapter and which shall be of
sufficient density to constitute an effective visual screen, and thereby
give visual protection to abutting properties. Such screens shall
consist of branched plants with horizontal dimensions equal to at
least 50% of the required height. Each individual specimen may be
planted no more than eight feet away from its adjoining specimens,
measured stem to stem. Dense evergreens which shall be planted not
farther than eight feet. Each specimen shall be allotted a minimum
of 20 square feet of previous planting area adjacent to and including
its root mass. Such screens shall be permanently maintained and will
continue to provide a visual screen from the ground to the height
required by the Zoning Chapter.
[Amended 8-15-1996 by Ord. No. 903]
An open space and green space amenity in the TND-1 Overlay
District, typically 500 to 2,000 square feet in size and typically
used for passive recreation, that provides a space for benches, lighting,
shade trees, other landscaping, and a decorative paver surface.
[Added 2-19-2015 by Ord.
No. 1116]
The blocks of Plum Street between Baker Street and Front
Street.
[Added 8-16-2007 by Ord. No. 1035]
The facade of a building where the front entrance door is
located. On a corner lot, there shall be two primary facades.
[Added 7-19-2007 by Ord. No. 1031]
A building or use which is the main building or use on a
lot as distinguished from a building or buildings related to an accessory,
incidental or subordinate use. The main or primary purpose for which
land, a building, or a structure or the use thereof is designed, arranged
or intended.
A street or road that is not owned by the Borough or a municipality
but is owned by private land owner.
[Added 7-15-2004 by Ord. No. 994]
Any body of water, tank, pond or other receptacle for water
containment, whether indoors or outdoors, in or above ground, even
if portable or temporary, having a depth at any point of 18 inches
or more, or containing over 750 gallons of water, which is used, or
intended to be used, for swimming or bathing by the owner, resident
or occupant and their guests. A private swimming pool is considered
an accessory use to a residence under this chapter.
A street or road that is owned by the Borough.
[Added 7-15-2004 by Ord. No. 994]
Any structure owned by a public utility, as defined herein.
[Added 8-15-1996 by Ord. No. 903]
Passageway or structure with a running slope no greater than
1:20.
[Added 8-15-1996 by Ord. No. 903]
Leisure time activities, usually of a more formal nature
and performed with others, often requiring equipment and taking place
at prescribed places, sites or fields, e.g., tennis, basketball, baseball,
softball and other court or field games.
[Amended 2-19-2015 by Ord. No. 1116]
Land designated and equipped for the conduct of leisure time
activities such as games, sports and other customary and usual active
recreational activities.
Any leisure time activity not considered active, e.g., hiking,
walking, picnicking, sitting, etc.
[Amended 2-19-2015 by Ord. No. 1116]
The re-use, alteration, enlargement or extension of a building
by 33 1/3% or more of the gross floor area of the building.
[Added 7-19-2007 by Ord. No. 1031]
The percentage of predevelopment water runoff that may leave
the site after development.
Any parking space(s) located on a particular lot which are
intended to satisfy the parking requirements of a building or use
located on another lot, not adjacent to the former lot, and no more
than 400 feet distant from former lot, and located within the same
zoning district as the former lot.
[Added 8-15-1996 by Ord. No. 903]
Any structure or group of structures designed and used for
the leasing of storage space.
Any premises used for the sale of food, refreshments and
nonalcoholic beverages, whose design or method of operation includes
the serving of food and beverages in disposable containers and in
which food or beverages are not normally delivered to the customer's
table by an employee of the restaurant. Such restaurant shall also
include the delivery of food and beverages directly from the restaurant
to the customer in his or her motor vehicle.
Any premises used for the sale, dispensing and/or serving
of food, refreshments or beverages where the customer is normally
involved with an individual menu and served by a restaurant employee
at the table, booth or counter at which said items are consumed.
Any premises used for the sale, dispensing and/or serving
of food, refreshments or beverages where the customer has the food,
refreshments or beverages delivered directly through a service window
outside the restaurant building.
[Added 8-15-1996 by Ord. No. 903]
An establishment offering goods for sale to the general public
A strip of land acquired by reservation, dedication, prescription,
condemnation or other legal manner and occupied or intended to be
occupied by a road, crosswalk, electric transmission line, oil or
gas pipeline, water line, watercourse or similar uses.
An antenna together with all attachments and parts, the purpose
of which is to receive communication from orbiting satellites.
A place where instruction is given in a field, or fields,
of study.
[Added 8-15-1996 by Ord. No. 903]
State of dress in which clothing partially covers areas of
the body, including portions of the body covered by supporting straps
or devices.
[Added 6-16-1994 by Ord. No. 871]
The distance between the street right-of-way line or a lot
line and the principal building on a lot.
[Added 6-16-1994 by Ord. No. 871]
A business or commercial enterprise that as one of its primary
business purposes offers for any form of consideration:
A single building containing three or more commercial uses,
each use having their own primary public entrance.
[Added 8-15-1996 by Ord. No. 903]
A concrete or brick paved area not less than four feet wide
generally paralleling the cartway of the street and used as a pedestrian
walkway.
Any object, device, display or illustration, or portion thereof,
situated outdoors, which is used to advertise, identify, display,
direct or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, numbers or symbols.
A portable sign no larger than 30 inches by 48 inches permitted
in the ROA District only and having two separate surfaces meeting
at the top to form an "A" and supported on these surfaces (i.e., having
no pole). Such sign may contain information relating to the business
to which it pertains, and such information may be changed periodically.
A sign or any device used or designed to attract attention
by visual means through the movement or semblance of movement by mechanical,
electrical or natural means.
A roof-like structure that serves as shelter or is ornamental
which identifies a business name and address.
A permanent sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located. Billboards are
frequently, although not always, larger than 20 square feet, with
some being several hundred square feet in size.
A billboard without moving parts whose content may be changed
by electronic process through the use of intermittent light or lights,
including, without limitation, light-emitting diodes (LED), liquid
crystal display, and plasma image display.
[Added 6-21-2012 by Ord. No. 1095]
A sign limited to directional messages, principally for pedestrian
or vehicular traffic, such as entry or exit, one-way, loading or service
area, fire lanes, parking, or similar signs incidental to the primary
use and not itself advertising or naming that use except as required
by law.
A sign which is designed to emit artificial light through
transparent or translucent material from a source of light within
or upon such sign.
A sign which is exempt from the requirements of this chapter
and which may be erected without a local sign permit.
A sign supported by a freestanding column or other support(s)
located in or upon the ground and not attached to a building.
A freestanding sign, other than a pole sign, in which the
entire bottom is in contact with or close to the ground.
[Added 7-19-2007 by Ord. No. 1031]
A sign which is designed to be illuminated by artificial
light from a source adjacent to and outside of the sign in such manner
that the source of light is not directly visible from the street,
public sidewalk or adjacent properties.
A sign which depicts the menu of food or drink for sale at
an eating or drinking establishment.
A sign indicating only the name and/or profession and address
of a person or persons residing on the premises or legally occupying
the premises.
A sign erected by the state, county, Borough or other legally
constituted governmental, public or quasi-public body.
A sign which is constructed of durable, weather resistant
material and which is intended to be displayed for a long period of
time, normally more than one year. All permanent signs must receive
a sign permit prior to their erection and must be reviewed by the
Art and Architectural Commission.
A sign which indicates the name, cause or affiliation of
a person seeking public office or on which reference is made to an
issue for which a public election or referendum is scheduled to be
held.
A sign mounted to a wall or other vertical building surface,
other than a wall sign, which projects more than 12 inches from the
wall or surface to which it is mounted.
A sign erected on, above, or projecting above the eave, roof
or parapet of any building.
A movable sign which is not secured or attached permanently
to the ground.
A sign intended to be displayed for a relatively short period
of time, not more than one month, or a sign designed for the placement
of removable letters and symbols which announce events of short duration.
Such signs are frequently labeled "banners" and can be constructed
from paper, cloth, plastic, canvas, plywood or other lightweight material.
[Amended 2-18-1993 by Ord. No. 857]
A sign or portion of a sign whose sole purpose is to indicate
the time and/or temperature.
A sign posted on, painted on, suspended from or otherwise
affixed to a wall or vertical surface of a building which sign does
not project more than 12 inches from the wall or vertical surface
to which it is attached.
A sign attached, affixed or painted on a window or door.
A function of the Zoning Hearing Board in accordance with the provisions of Article XVII, § 311-109B, whereby the Zoning Hearing Board hears and decides requests for uses, stipulated in this chapter as uses permitted by special exception, in accordance with express standards and criteria. In granting a special exception, the Zoning Hearing Board shall determine that the proposed use would not be injurious to the public interest, and may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter to implement the purposes of this chapter.
[Added 6-16-1994 by Ord. No. 871]
Less than completely and opaquely covered:
Human genitals, pubic region; anus;
Buttocks; or
Female breast(s) below a point immediately above
the top of the areola and/or female breast(s) partially or completely
covering the areola; or
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
[Added 6-16-1994 by Ord. No. 871]
That part of the building included between the upper surface
of a floor and the floor or roof next above. This term shall apply
to basements if used for the principal use.
A public or private right-of-way, serving as a means of vehicular
and pedestrian travel, furnishing access to three or more abutting
lots or dwellings or other uses within a land development, and used
to provide space for the installation of improvements such as sewers,
telephone, gas and electric lines, other utilities, street trees and
sidewalks. For the purposes of this chapter, the Plum Street Pedestrian
Mall shall be deemed to be and shall constitute a street.
[Amended 8-16-2007 by Ord. No. 1035]
The ultimate line to which a street can be developed.
The space formed by buildings adjoining the street, which
is embellished with sidewalks, street trees, streetlights, curbs,
on-street parking, and cartways. The streetscape is framed by buildings,
which create the "outdoor room" character of the street.
[Added 7-19-2007 by Ord. No. 1031]
The wall of a building adjoining a sidewalk at the edge of
the street right-of-way; or approved architectural or landscaping
elements at least 30 inches but not more than 42 inches in height,
such as walls, pillars, colonnades, fences, and hedges, in lieu of
a building wall when an existing building is already set back from
the street wall line. A street wall shall extend the entire length
of the edge of Baltimore Avenue right-of-way, except where curb cuts,
driveways and pedestrian access is provided.
[Added 7-19-2007 by Ord. No. 1031]
Any man-made object or improvement with a stationary location
on land or water.
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, conveyance or other transfer
of ownership, building or development. This definition also includes
the combination of two or more lots, tracts or parcels.
[Amended 7-18-2002 by Ord. No. 958]
Minor subdivision. The following criteria shall
constitute a minor subdivision for the purposes of this chapter:
The cost of the proposed subdivision does not
exceed $250,000; and
The subdivision proposal, shall propose to divide
one existing lot into two lots, both of which comply with the applicable
dimensional requirements of the zoning district in which the existing
lot is located; and
The existing lot has sufficient frontage on
an existing, improved public street to satisfy the application Borough
of Media requirements for lot frontage and access to a public street
for both proposed lots; and
The existing lot has not been a part of an approved
subdivision proposal during the five years previous to the current
application; and
The proposed subdivision shall not require new
road construction, road improvements, or the extension of existing
public utility lines; and
The proposed subdivision shall not involve significant
stormwater and/or erosion control issues, as determined by the Code
Enforcement Officer and Borough Engineer.
Major subdivision. Any proposed subdivision
that shall not meet the criteria of a minor subdivision shall be considered
a major subdivision.
Considerable in quantity which is 25% or greater than as
normally associated with residential use.
[Added 6-19-2003 by Ord. No. 973]
A lot which abuts two streets and is not a corner lot; the
property owner shall select one side abutting a street to be the front
yard, consistent with other uses prevailing on the same block.
[Added 8-15-1996 by Ord. No. 903]
A building constructed prior to 1950 in Media Borough, typically
two or three stories in height, adjoining or located close to the
sidewalk.
[Added 7-19-2007 by Ord. No. 1031]
[Added 6-16-1994 by Ord. No. 871]
Includes:
The sale, lease or sublease of a business;
The transfer of securities which constitutes
a controlling interest in the business whether by sale, exchange or
similar means; or
The establishment of a trust, gift or other
similar device which transfers the ownership or control of the business
except for transfer by a bequest or other operation of law upon the
death of a person possessing the ownership or control.
The purpose or activity for which land or buildings are designed,
arranged, constructed or intended, or for which land or buildings
are occupied or maintained.
Any use allowed in a zoning district and subject to the limitations
and restrictions of that zoning district.
A closely regulated private enterprise with an exclusive
franchise for providing a public service.
Any agency which under public franchise or ownership or under
certificate of convenience or necessity, provides the public with
electricity, gas, heat, steam, communications, rail transportation,
water, sewage collection, or other similar service, with the exception
of "wireless communication facilities" as defined herein.
[Amended 5-21-1998 by Ord. No. 928]
Permission or authorization of the Zoning Hearing Board to deviate from or modify the provisions of this chapter when the literal enforcement of same would create an unnecessary hardship. Variances may be granted pursuant to provisions of § 311-109A of this chapter and the provisions of Articles IX of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
The open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except for accessory structures and projections permitted in § 311-61.
An open space extending the full width of the lot, the depth
of which is the horizontal distance between the front lot line and
the principal building.
An open space extending the full width of the lot, the depth
of which is the horizontal distance between the rear lot line and
the principal building.
The open space between a lot line and the buildable area within which no building shall be located, except for accessory structures and projections permitted in § 311-61.
An open space extending from the front yard to the rear yard,
the width of which is the horizontal distance between the side lot
line and the principal building.
[1]
Editor's Note: Illustration 2 is included as an attachment to this chapter.
[2]
Editor's Note: Illustration 1 is included as an attachment to this chapter.
[3]
Editor's Note: Illustration 1 is included as an attachment to this chapter.
[4]
Editor's Note: Illustration 1 is included at the end of this chapter.
