Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings herein indicated:
A.
The singular shall include the plural, and the plural
shall include the singular.
B.
The word "used" shall include the words "arranged,"
"designed" or "intended to be used."
C.
The present tense shall include the future tense.
D.
The word "person" shall include the words "individual,"
"organization," "partnership" or "corporation."
E.
The masculine gender includes the feminine and neuter.
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings indicated in this article. The present tense includes
the future, the singular number includes the plural and the plural
the singular, and the masculine gender includes the feminine and neuter.
A vehicle that is unregistered and unlicensed in this commonwealth
or any other state.
The relinquishment of property or a cessation of the use
of the property by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming use of the
property. In regard to nonconforming uses, such use shall only be
considered "abandoned" when known to be intentional and voluntary
on the part of the owner and lessee.
A dwelling unit which is accessory to another dwelling unit
or principal use of land.
A self-contained residential dwelling unit subordinate to
and within or on the same lot as the principal residential dwelling.
A building subordinate to the principal permitted building
on a lot and used for purposes customarily incidental to those of
such principal building.
See "structure."
See "use."
The conversion of an existing building, structure, or use into some other form of permitted use in accordance with § 224-61.
[Amended 4-11-2005 by Ord. No. 1247-2005]
Land over which there is a right-of-way, municipally or privately
owned, typically serving as a secondary means of access to two or
more lots.
[Added 4-11-2005 by Ord. No. 1247-2005]
Any change or rearrangement of the supporting members of
an existing structure or use, such as bearing walls, columns, beams
or girders, joists or rafters or enclosure walls, as well as change
in doors or windows, or any enlargement or diminution of a structure
or use, whether horizontally or vertically, or the moving of a structure
or use from one location to another, not including normal repairs
or replacement of elements of a building; or, any change which would
substantially alter an existing sewage system, traffic condition or
other infrastructure element.
A facility operated as a gainful business within a building
or structure providing three or more automatic amusement devices or
games, including pool or billiard rooms, but shall not involve the
sale of food and beverages except for vending machines.
[Amended 4-28-1997 by Ord. No. 1047-97]
See "structure."
See "use."
A retail establishment where goods of an antiquarian nature
are sold. Such shop typically offers items for sale that are considered
to be of collectible, heirloom or heritage value due to their age,
scarcity, significance, or artistic quality. Antique shops are typically
owned and operated by persons who are members of the state or local
antique dealers' association.
[Added 4-11-2005 by Ord. No. 1247-2005]
A commercial establishment involving the retail sales of
vehicular fuel, automotive repair or service or a car wash facility.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
A building or group of buildings occupied by a resident innkeeper
containing guest rooms for the temporary lodging of guests for compensation
and providing to the occupants such lodging services as maid service
and accessory eating and drinking facilities limited to the serving
of breakfast.
Any combination of materials to form a permanent structure
having enclosing walls and a roof, whether assembled on the premises
or not.
The ratio of the aggregate building area of all buildings
on a lot to the gross acreage of that lot.
The height of a building measured from the average grade
at the base of the building to the top of a parapet of a building
with a flat roof, or to the midpoint of any building with a sloped
roof.
[Added 4-11-2005 by Ord. No. 1247-2005]
The line which defines the placement of the building from
the sidewalk or street on which the building fronts. The build-to
line of the building typically forms the street wall line. On a corner
lot, the build-to line is located on each side of a lot abutting a
street.
[Added 4-11-2005 by Ord. No. 1247-2005]
A commercial establishment like a coffee shop or tearoom
at which food and beverages are sold. Such facility is typically smaller
than a restaurant and has seating for less than 40 persons.
[Added 4-11-2005 by Ord. No. 1247-2005]
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 6 1/2 feet.
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums and mortuaries when
operated in conjunction with the cemetery and within the boundaries.
A document, issued by the City Council, which assures that the reconstruction, alteration or restoration proposed for a historic resource meets the design criteria set forth in Article X of this chapter and authorizes the Zoning Officer to issue a building permit.
A certificate issued and enforced by the Zoning Officer upon
completion of the construction of a new building or upon a change
or conversion of the structure or use of a building, which certifies
that all requirements and regulations as provided herein and within
all other applicable requirements have been complied with.
Rehabilitation/construction plans and work which has been
approved by the National Park Service in order to qualify for federal
historic preservation tax incentives.
A building or structure used for public worship by a congregation,
including buildings used for associated purposes, such as rectories,
convents, retreats or schools when located on the same property as
the church or place of worship.
A place, structure, area or other facility used for providing
religious, fraternal, social and/or recreational programs generally
open to the public and designed to accommodate and serve significant
segments of the community.
A building, structure or use or extension thereof which is
operated, owned or maintained by a public utility corporation, municipality
or municipal authority or which is privately owned and approved by
the Pennsylvania Public Utility Commission for the purpose of providing
public sewage disposal and/or treatment; public water supply, storage
and/or treatment; or the transmission of energy or telephone service.
See "use."
Any dwelling unit, regardless of dwelling type, which has
all of the following characteristics:
The unit (the interior and associated exterior
areas designated for private use in the development plan) is owned
by the occupant.
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the Pennsylvania Uniform Condominium Act of 1980, as amended,[2] and in accordance with the provisions of open space, streets
or other development features in this chapter and other applicable
ordinances.
A retail activity designed to serve a regional market, defined
by trip-generation rates for convenience stores according to the Institute
of Traffic Engineers (average annual daily trips). (Convenience stores
typical to Coatesville include such stores as Turkey Hill or could
include such stores as Wawa, 7-11 or like-type stores.)
[Amended 4-28-1997 by Ord. No. 1047-97]
A small commercial building that is typically located on
the corner of two intersecting streets, which is less than 1,500 square
feet in gross floor area but typically in the range of 600 to 800
square feet, in which the sale of retail items is offered for the
convenience of the neighborhood. The corner store typically serves
persons within a ten-minute walk of the facility.
[Added 4-11-2005 by Ord. No. 1247-2005]
See "structure."
CUSTOMARY USE
See "use."
DAY-CARE CENTERA facility which, on a daily basis, exclusively provides supplemental parental care and supervision and/or instruction to children who are not related to the caregiver or operator, where tuition, fees or other forms of compensation are charged, whether governmentally subsidized or not, and which is licensed or approved to dispense child care by the Commonwealth of Pennsylvania, and whether operated for profit or not for profit.
GROUP DAY CAREA facility in which care, protection and supervision is provided for more than six but less than 12 children at any one time, where the child-care areas are being used as a family residence.
FAMILY DAY CAREA private residence where care, protection and supervision are provided, for profit or not for profit, at least twice a week to no more than six children at any one time, including any children of the adult provider living within the residence.
The dismantling or tearing down, entirely or partially, of
a structure or use.
A retail establishment of 5,000 square feet or more in gross
floor area.
[Added 4-28-1997 by Ord. No. 1047-97]
A document that is intended to guide the design of a land
development and related buildings and structures in the Traditional
Neighborhood Development (TND) Overlay District.
[Added 4-11-2005 by Ord. No. 1247-2005]
The area in the City within the TND Overlay District comprised
of the C-1 and C-2 Zoning Districts.
[Added 4-11-2005 by Ord. No. 1247-2005]
A building designed or used as the living quarters for one
or more families.
A room or rooms within a building connected together, constituting
a separate, independent housekeeping establishment for one family
only, for owner occupancy or for rental, lease or other occupancy
on a weekly or longer basis, physically separated from any other rooms
or dwelling units and containing independent cooking and sleeping
facilities.
MULTI- OR MULTIPLE-FAMILY DWELLING (APARTMENTS)Three or more dwellings each accommodating one family with one or more families living wholly or partly over another or other units.
MULTIPLEX DWELLING (OVER AND UNDER DWELLING UNITS)An attached single-family dwelling on a lot consisting of first- and second-floor dwelling units in an over and under arrangement and forming at least six but not more than 16 total dwelling units.
SINGLE-FAMILY ATTACHED (ROWHOUSE or TOWNHOUSE)Three but not more than eight dwelling units each accommodating one family, which are attached side by side through the use of common party walls and which shall have side yards adjacent to each end unit.
SINGLE-FAMILY DETACHEDA dwelling unit accommodating a single family and having two side yards.
SINGLE-FAMILY SEMIDETACHED (TWIN)Two dwelling units each accommodating one family which are attached through the use of a party wall.
Land and/or buildings specifically designed, arranged and
intended for the primary purpose of instruction and learning, including
preschool, elementary schools and secondary schools owned and operated
by the local school district or other public education authority.
A natural feature identified in the Pennsylvania Natural
Diversity Inventory which is of particular interest because it is
exemplary, unique, rare or endangered on a global or statewide basis.
Such elements may include plants, animals, geologic landmarks, natural
communities and other natural features.
A single person occupying a dwelling unit;
Two or more persons related by blood or marriage
occupying a dwelling unit, including not more than one boarder, roomer
or lodger;
A group home; or
Not more than three unrelated persons occupying
a dwelling unit, living together, excluding a rooming/boarding house
or group quarters.
A retail establishment at which fruits, vegetables, breads,
eggs, milk, cheese, meat, flowers, and the like are sold by persons
who typically grow, harvest, or process such items from their farm
or agricultural operation.
[Added 4-11-2005 by Ord. No. 1247-2005]
Any building wherein the primary occupation or use is concerned
with such government regulated businesses as banking, savings and
loans, loan companies, mortgage companies or investment companies.
The place where a building is accessed at grade, typically
constituting the first story. In the C-1 and C-2 Districts in the
City of Coatesville, the first floor/ground floor is typically where
patrons enter a store or shop from the sidewalk frontage.
[Added 4-11-2005 by Ord. No. 1247-2005]
A relatively flat or low land area which is subject to partial or complete flooding from an adjoining or nearby stream, river or watercourse; or any area subject to the unusual accumulation of surface waters from any source. For the purpose of this chapter, the "floodplain" shall include, but is not limited to, the area included in the Floodplain Conservation Overlay District as defined in Article VIII of this chapter.
Areas subject to periodic flooding and listed in the Soil
Survey of Chester and Delaware Counties, Pennsylvania, United States
Department of Agriculture, Soil Conservation Service, May 1963, as
being on the floodplain or subject to flooding. "Floodplain soils"
include, but are not limited to, the following soil types:
An accessory building for the storage of one or more automobiles
and/or other vehicles accessory and incidental to the primary use
of the premises.
A building where motor vehicles are stored for compensation
or as a community facility.
A use, structure or activity carried out or maintained by
any county, commonwealth or federal agency.
A plaza, square, courtyard, pocket park, walkway, promenade,
riverwalk, alley, or other outdoor space in which features such as
pavers, benches, gazebos, pergolas, trellises, planters, plantings,
lighting, sculpture, and the like are installed and maintained, and
in which public seating, outdoor dining, and the like take place.
[Added 4-11-2005 by Ord. No. 1247-2005]
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines and upper floors, if any, expressed
in square feet.
A licensed, community-based living arrangement, functioning
as a single household and providing habilitative services, in accordance
with Chapter 5310, Community Residential Rehabilitative Services for
the Mentally Ill, as defined in the Pennsylvania Code or any other
state or federal program pertaining to housing for developmentally
disabled individuals as regulated by the Federal Fair Housing Amendments
Act. Group homes shall also include alcoholism or drug treatment centers,
provided that those involved in such programs, as a condition of participation,
are not using alcohol or drugs. Group homes shall not include work-release
facilities for convicts or ex-convicts or other housing facilities
serving as an alternative to incarceration. Also included in the definition
of "group homes" shall be any use determined to comply with the nondiscriminatory
requirements of the latest interpretation of the Fair Housing Act,
42 U.S.C. § 3601 et seq., by the United States Supreme Court
or other controlling jurisdiction.
[Amended 2-23-2015 by Ord. No. 1444-2015]
A living arrangement for any group of up to five individuals
that do not meet the definition of "family" but reside together as
a household. This may include a licensed community-based facility
which provides lodging, habilitative services or meals to clients
where supervision is provided seven days a week, 24 hours a day, or
is staffed continuously by the provider whenever the structure is
occupied.
A health and recreation facility which may include uses such
as game courts, exercise equipment, locker facilities and gymnasiums
but shall not involve the sale of food and beverages except for vending
machines.
[Amended 4-28-1997 by Ord. No. 1047-97]
A Board of the City that reviews applications for a certificate
of appropriateness for Class I, II and III resources in the Historic
Overlay District.
The Historical Commission of the City of Coatesville.
The area within the City of Coatesville which contains Class I, Class II and Class III historic resources, in accordance with § 224-34 of this chapter.
The Historic District placed on the National Register of
Historic Places on May 14, 1987, bounded roughly by Chestnut Street
on the north; Sixth Avenue on the east; and Oak Street between Sixth
Avenue and Fifth Avenue, Fifth Avenue between Oak Street and Harmony
Street and Harmony Street between Fifth Avenue and First Avenue on
the south and First Avenue between Maple Avenue and Chestnut Street
on the west.
A map, adopted as part of this chapter, which identifies
the City of Coatesville Historic District.[3]
All structures and uses which are designated as Class I, Class II or Class III, in accordance with § 224-34 of this chapter.
Any structure or use on the list of National Landmarks or
the National Register of Historic Places.
Any structure or use which is within a historic district
listed on the National Register of Historic Places.
Any structure or use which is not on the National Register
of Historic Places but is determined to be of significance to the
City of Coatesville and appropriately documented to that effect by
the Historical Commission.
An accredited general medical facility or institution within
which the diagnosis, treatment and care of human ailments is performed
primarily on an inpatient basis.
An establishment which is open to transient guests and in
which lodging with or without meals is offered for compensation and
in which there are sleeping accommodations for more than 10 individuals.
A soil that is saturated, flooded or ponded, long enough
during the growing season to develop anaerobic conditions that favor
the growth and regeneration of wetlands vegetation. Wetlands vegetation
are those plant species that have adapted to saturated soils and periodic
inundations occurring in wetlands. "Hydric soils" or soils containing
portions of hydric soils include but are not limited to the following
soils, as classified by the United States Department of Agriculture,
Soil Conservation Service for Delaware and Chester Counties:
A use which may involve a health/recreation spa or may involve
indoor tennis, racquetball, handball, basketball, batting cages and
rides and play areas for children.
[Added 4-28-1997 by Ord. No. 1047-97]
A structure or building which contains two or more industrial
uses that share common facilities, such as parking, signs or entryways.
A grouping of two or more industrial establishments in separate
buildings, developed according to a single, unified plan, involving
the layout of several lots, buildings, access streets, utilities,
landscaping and other improvements.
An area of land, with or without buildings, used for the
storage of used or 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.
Natural or artificial bodies of water which retain water
year-round. Artificial "ponds" may be created by dams, or result from
excavation. "Lakes" are bodies of water two or more acres in extent.
"Ponds" are bodies of water less than two acres in extent.
The landside edges of lakes and ponds from the established
shoreline to an upland boundary. "Lake and pond shorelines" shall
be measured 100 feet from the spillway crest elevation.
Includes any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot regardless of the number of occupants or tenure;
or
The division or allocation of space, whether
initially or cumulatively, between or among two or more existing or
prospective occupants, by means or for the purpose of streets, common
areas, leaseholds, condominiums, building groups or other features.
A subdivision of land as defined in Chapter 197, Subdivision and Land Development.
A facility for the transitional residency of elderly and/or
disabled persons, progressing from independent living in single-family
units to congregate apartment living where residents share common
meals and culminating in a full health and continuing care nursing
home facility.
A small shop, typically less than 600 square feet in gross
floor area, which is in front of or wraps around a larger store or
building. Liner shops are typically specialty shops, incubator businesses,
or small kiosks that are supplemental to a larger business found beyond
the front line.
[Added 4-11-2005 by Ord. No. 1247-2005]
A shop, studio, office, or other place of business in combination
with a dwelling unit located above such place of business. A person
or persons other than the proprietor of the business may occupy a
live-work unit.
[Added 4-11-2005 by Ord. No. 1247-2005]
A contiguous area of land held or to be held in one ownership
separately described by metes and bounds and not divided by a street,
not including any land within the limits of a street right-of-way
upon which said lot abuts, even if such right-of-way is maintained
by the owner of the lot; a designated parcel, tract or area of land
established by a plat or otherwise as permitted by law and recorded
in the office of the Recorder of Deeds of Chester County by deed description.
LOT AREAThe area enclosed by the property lines of a lot as herein defined, exclusive of rights-of-way of dedicated streets, fire lanes, rights-of-way or easements proposed for dedication or public utility easements other than those directly servicing the lot; provided, however, that the area of land comprised by any additional road rights-of-way which the City Council may require shall not be subtracted when computing a minimum "lot area."
LOT COVERAGEThe ratio of the total building area, plus any impervious surfaces and pervious surfaces used for parking, to the gross acreage of that lot.
LOT, MOBILE HOMEA 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.
LOT, NONCONFORMINGA lot held in single and separate ownership which does not conform to one or more of the applicable area regulations in the district in which it is located.
LOT WIDTHThe horizontal distance between side lot lines at the building setback line and measured parallel to the street line. Where the street line is curved or angled, the "lot width" shall be measured as a straight line. When there is only one side lot line, as in the case of two-family or single-family attached dwellings, the "lot width" shall be measured between the side lot line and the center line of the party wall of the end dwelling unit. In the case of a corner lot, the "lot width" shall be measured between the side lot line and the front lot line opposite.
A document, similar to the Design Handbook for the TND Overlay
District, that applies to the HND, SMD, and FRD Overlay Districts.
[Added 4-11-2005 by Ord. No. 1247-2005]
An area and supporting structures and facilities where formal
public mass transit opportunities are provided. Facilities provided
generally include a parking area, a ticket booth or counter and a
loading and unloading area. A "mass transit station" could involve
a bus depot, a train station, a park and ride facility or other similar
transit facilities.
A building and lot for the practice of medical or dental
arts or similar examination and treatment of persons as outpatients
by three or more physicians or licensed medical specialists practicing
medicine as a group during normal office hours. Medical practices
with two or fewer physicians are considered offices. Clinics providing
twenty-four-hour emergency services or overnight lodging of patients
shall be considered hospitals.
A roof- or ground-mounted structure used to receive satellite
transmissions and which is greater than 24 inches in diameter.
[Added 4-28-1997 by Ord. No. 1047-97]
That area of a lot that has no development restrictions. The "minimum buildable area" shall not include the area of any required setbacks (except driveways which cross yards), buffered yards, natural features with one-hundred-percent protection standards and the portion of those natural features that may not be developed or intruded upon as specified in § 224-30, Natural resource protection standards.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements; nor shall "minor
repairs" include addition to, alteration of, replacement of or relocation
of any standpipe, water supply sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Storage units provided for lease to the public for the purpose
of storage of personal property generally stored in residential structures.
A combination of two or more uses in a building on a lot.
[Added 4-11-2005 by Ord. No. 1247-2005]
A transportable single-family dwelling intended for permanent
occupancy, contained in one unit or in two units, each having separate
and individual sets of axles, designed to be joined into one integral
unit capable of again being separated for repeated towing which
arrives at a site complete and ready for occupancy except for minor
and incidental unpacking and assembly operations and constructed so
that it may be used without a permanent foundation, i.e., a double-wide
"mobile home" not a modular 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.
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.
A hotel primarily for transients traveling by motor vehicles
with a parking space for each guest facility and access directly from
the outside.
A building or part of a building devoted to the showing of
moving pictures on a paid-admission or nonprofit basis.
A use, structure or activity carried out or maintained by
the City of Coatesville.
Any establishment that displays art or artifacts for public
exhibition. Retail sales are limited to accessory use only.
A list maintained by the Secretary of the Interior composed
of buildings, sites, structures, objects and districts of national,
state or local significance in American history, architecture, archaeology,
engineering and culture.
Those areas of land for which disturbance would contribute
significantly to the degradation of environmental conditions or amenities.
Environmentally sensitive areas shall include, but are not limited
to, floodplains, floodplain soils, lakes or ponds, lake or pond shorelines,
Pennsylvania Natural Diversity Inventory sites, steep slopes, tree
protection zones, watercourses, wetlands, wetland margins and woodlands.
A commercial establishment dispensing alcoholic or nonalcoholic
beverages for consumption on the premises and in which dancing or
other entertainment is provided on a regular basis.
[Amended 4-28-1997 by Ord. No. 1047-97]
See "lot."
A sign which does not conform to one or more of the applicable
regulations in the district in which it is located.
See "structure."
See "use."
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations. Retail services from an "office" are limited
to the provision of medical, legal or social services.
A structure or building which contains two or more offices
that shares common facilities, such as parking, signs or entryways.
A tract of land designed and developed from a single, unified
plan involving the layout of several lots, buildings, access streets,
landscaping and other improvements typically in a campuslike setting.
Parking that is adjoining the curbline of a street and that
is either parallel to or at an angle from the curbline.
[Added 4-11-2005 by Ord. No. 1247-2005]
An off-street area designed solely for the parking of five or more vehicles in accordance with Article XIII.
A site listed on the Pennsylvania Natural Diversity Inventory
(PNDI) due to its biological resource value. PNDI is a comprehensive
computerized inventory of Pennsylvania's most significant natural
areas. The database, which is maintained by the Department of Environmental
Resources, contains the status and location of plants, animals, geologic
landmarks, natural communities and other natural features which are
considered exemplary, unique, rare or endangered in the state.
See "use."
A building or portion of a structure devoted to the performance
of theatrical productions on a paid-admission or nonprofit basis,
excluding motion-picture productions.
The facade of a building where the front entrance door is
located. On a corner lot, there shall be two primary facades.
[Added 4-11-2005 by Ord. No. 1247-2005]
See "use."
A use related to a social or fraternal organization where
the facilities and services, including restaurant and bar facilities,
for the use of members and guests exclusively.
[Amended 4-28-1997 by Ord. No. 1047-97]
A formal meeting held pursuant to public notice by the City
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter and
the Pennsylvania Municipalities Planning Code (MPC), Act 247, as amended.[4]
Notice published once a week for two successive weeks in
a newspaper of general circulation in the City. Such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered. 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.
Any land dedicated to public use or passage, including, but
not limited to, streets, avenues, boulevards, highways, sidewalks,
alleys, parks or pedestrian rights-of-way, whether constructed, dedicated
or proposed, and which is controlled by a governmental entity.
The destruction or tearing down, entirely or partially, of
a structure or use.
Such accommodations that are necessary to afford persons
or groups of persons with disabilities, as defined by the Fair Housing
Act, an equal opportunity to use and enjoy housing. Accommodations
which impose an undue financial or administrative burden on a local
government and create a fundamental alteration in a local government's
zoning scheme shall not constitute "reasonable accommodation."
[Added 2-23-2015 by Ord. No. 1444-2015]
Such modification of rules or policies as is necessary to
afford persons or groups of persons with disabilities, as defined
by the Fair Housing Act, an equal opportunity to use and enjoy housing.
Modifications which impose an undue financial or administrative burden
on a local government and create a fundamental alteration in a local
government's zoning scheme are not "reasonable modification."
[Added 2-23-2015 by Ord. No. 1444-2015]
Outdoor recreation activities which are intensive in nature,
both in terms of participation and in use of the land or facility
where such activities take place. "Active recreation" usually involves
a group or groups of participants and requires some knowledge or skill
for adequate participation.
A place designed and equipped for the conduct of sports,
leisure activities and other customary and usual recreation activities,
excluding facilities which customarily charge a fee for use such as
an indoor commercial recreational facility.
[Amended 4-28-1997 by Ord. No. 1047-97]
Activities which are or can be performed within a structure
and may be either active or passive in nature.
Outdoor low-intensity activities for individuals or small
groups which are usually performed in natural or seminatural surroundings.
Minimal site preparation and little, if any, structural facilities
are required to accommodate most passive activities.
A business that accumulates material, such as paper, glass,
aluminum and plastic that is no longer useful for its intended purpose.
The materials are then used or sold to another business as a raw material
which can be used to manufacture a new product.
The process of returning a property to a state of utility
through repair or alteration, which provides for a contemporary use
while preserving those portions and features of the property which
are significant to its historical, architectural and cultural values.
The replacement of existing construction with the same material
for the purpose of maintenance only, but not including any addition,
removal or modification in construction.[5]
A commercial establishment whose principal business is the
selling of unpackaged food ready for consumption by the customer,
in individual servings or in nondisposable containers, where the customer
consumes these foods while seated at tables or counters within the
building.
A commercial establishment which delivers prepared food and/or
beverages to customers in motor vehicles, regardless of whether or
not it also serves prepared food and/or beverages to customers who
are not in motor vehicles, for consumption on or off the premises.
A commercial establishment that offers quick food service,
which is accomplished through a limited menu of items prepared and
held for service or prepared quickly or heated exclusively in a device,
such as a microwave oven. Orders are not generally taken at the customer's
table, and food is generally served in disposable wrapping or containers.
An eating and drinking establishment that is an accessory use located outdoors in the TND Overlay District and regulated in Article XVIII.
[Added 4-11-2005 by Ord. No. 1247-2005]
The act of bringing a structure or use back to its original
state.
Two or more retail or service uses located in one building.
Two or more retail or service uses located in two or more
buildings.
A building or portion of a building in which the services
of a person permitted to practice a specific profession are offered
to the general public. Examples of such uses include agents, barbers,
beauticians, cleaners, photographers, appliance repair persons, tailors
and caterers.
Any commercial establishment involved with the sale of commodities
or products directly to the customer on the premises, excluding convenience
stores, variety stores and department stores.
[Amended 4-28-1997 by Ord. No. 1047-97]
A private dwelling which provides sleeping accommodations
for valuable consideration for four or more roomers and/or boarders
on a weekly or monthly basis, whether or not the serving of meals
is included.
Standards used by the Secretary of the Interior, as administered
by the National Park Service, when determining if a rehabilitation
project qualifies as a certified rehabilitation pursuant to the Tax
Reform Act of 1986.
Any permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other outdoor surface that shall display or include any letter, word, insignia, flag or representation used as or which is in the nature of an advertisement, announcement, visual communication or direction or which is designed to attract the eye or bring the subject to the attention of the public. (See Article XIV for definitions of individual sign types and classification.)
The deviation of a surface from the horizontal, expressed
as a percent. "Slope" percent is computed by dividing the vertical
distance by the horizontal distance and, for purposes of this chapter,
shall be measured over three or more two-foot contour intervals (six
cumulative vertical feet of slope).
A land site on which engineering principles are used to bury
deposits of solid waste without creating public health or safety hazards,
nuisances, pollution or environmental degradation.
Those areas of land where the slope is 15% or greater and
which, because of this slope, are subject to high rates of stormwater
runoff and susceptible to erosion.
The space formed by buildings located close to 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 a traditional neighborhood.
In Coatesville, the traditional streetscape dimension, from street
wall to street wall, is in the range of 60 to 80 feet in width.
[Added 4-11-2005 by Ord. No. 1247-2005]
The wall of a building adjoining a sidewalk at the edge of
the street right-of-way; or architectural and landscape architectural
elements such as walls, pillars, colonnades, and street trees in lieu
of a building wall when an existing building is already set back from
the street wall line.
[Added 4-11-2005 by Ord. No. 1247-2005]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
ACCESSORY STRUCTUREA building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.
ANCILLARY ACCESSORY STRUCTUREA noncustomary supplemental building or structure which, provided that there is approval of a subdivision plan, may be permitted as an accessory structure.
CUSTOMARY STRUCTUREA building commonly used, required or provided in relation to a specific and established land use.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions in the zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or prior to the application of such ordinance or amendment to its location by reason of annexation.
TEMPORARY STRUCTUREA structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.
The division or redivision of a lot, tract or parcel of land,
by any means, into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
lot development, transfer of ownership or building lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement or access or any residential dwelling shall be
exempted.
An establishment which primarily serves alcoholic beverages
for on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board, where at least 75% of the total gross receipts
is directly from the sale of such beverages.
See "structure."
See "use."
Any single- or multipurpose, nonresidential and uninhabitable,
private or commercial structure terminating over 35 feet from the
original grade (height to include any apparatus mounted thereon),
whether secured to another structure or mounted on its own in-ground
foundation. "Towers" or structures specifically designed to receive
or transmit satellite television or other transmissions are included
in this definition even if they do not exceed 35 feet in height.
A form of land development in accordance with Article XVIII.
[Added 4-11-2005 by Ord. No. 1247-2005]
A facility where municipal solid waste is delivered for the
purpose of compacting the material into larger vehicles for transport
to a final disposal site or processing facility.
The line marking the outer edges of the branches of the tree.
An area that is radial to the trunk of a tree in which no
construction activity shall occur. The "tree protection zone" shall
be 15 feet from the trunk of the tree to be retained or the distance
from the trunk to the dripline, whichever is greater. Where there
is a group of trees or woodlands, the "tree protection zone" shall
be the aggregate of the protection zones for the individual trees.
A building or part thereof used exclusively for human burial
services. Such building may contain space and facilities for embalming
and the performance of other services used in preparation of the dead
for burial, the performance of autopsies and other surgical procedures,
the storage of caskets, funeral urns and other related funeral supplies
and the storage of funeral vehicles but shall not include facilities
for cremation.
The specific purpose for which land or a building is proposed
to be subdivided and/or developed or is otherwise designed, arranged,
intended or for which it is proposed or may be occupied, maintained,
or converted.
[Amended 4-11-2005 by Ord. No. 1247-2005]
ACCESSORY USEA use conducted on the same lot as and subordinate to a principal permitted use to which it is related and which is located either within the same structure(s) or in an accessory building or structure; a use which is clearly incidental to and customarily found in connection with a particular principal permitted use.
ADAPTIVE REUSESee "adaptive reuse."
ANCILLARY ACCESSORY USEA noncustomary supplemental use which, provided that there is approval of a subdivision plan, may be permitted as an accessory use.
CONDITIONAL USEA use which may not be appropriate to a particular zoning district as a whole, but which may be suitable on certain lots only when specific standards and criteria are met. The applicant shall have the burden of proving the standards and criteria can be met. Conditional uses are allowed or denied by the City Council after recommendations by the Planning Commission in accordance with § 224-79B(3).
CUSTOMARY USEA use typically or commonly associated with the function of a specific and established land use.
MIXED-USESee "mixed-use."
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or prior to the application of such ordinance or amendment to its location by reason of annexation.
PERMITTED (BY-RIGHT) USEA use generally judged to be most compatible within a particular zoning district as a whole.
PRINCIPAL USEThe dominant use or main use on a lot.
SPECIAL EXCEPTION USEA use of potentially greater impact than a by-right use and requiring the review and approval of the Zoning Hearing Board in accordance with Article XVI.
TEMPORARY USEA use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
A retail establishment of less than 5,000 square feet in
gross floor area in which dry goods are sold, as would be the case
in what traditionally has been or is known as a general store or five
and dime store.
[Added 4-28-1997 by Ord. No. 1047-97]
A medical facility specializing in the treatment of injury
and disease afflicting animals, especially domestic animals and household
pets.
A commercial use which provides facilities or at which persons
assemble for the purpose of any activity which involves lawful gambling
or wagering, including, without limitation, those facilities and activities
for par-mutual wagering or thoroughbred and/or harness horse races
remote from the Race Horse Industry Reform Act, the Act of December
17, 1981, P.L. 435, as it shall be from time to time amended, 4 P.S.
§ 325.101 et seq. Gambling and wagering shall include any
activity, game or device at which money or other valuable things may
be played for or staked or betted upon and in which, by the rules
of the activity, game or device, a consideration is paid by the player
or participant and a reward is paid to players or participants as
a consequence of some element of chance. A commercial use otherwise
permitted shall not constitute a gambling or wagering use solely on
account of the installation of facilities and devices pursuant to
the State Lottery, the Act of August 26, 1971, P.L. 351, as amended,
72 P.S. § 3761-1 et seq.
A stream, such as a creek, run or other body of running water;
any stream in which water flows in a definite direction or course,
either continuously or intermittently.
Those areas that are inundated and saturated by surface or
ground water at a frequency and duration sufficient to support and
that, under normal circumstances, do support a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas, such areas being regulated
by the United States Army Corps of Engineers and/or the Pennsylvania
Department of Environmental Protection.
[Amended 3-25-1996 by Ord. No. 1012-96]
The transitional area extending from the outer limit of the
wetland. For the purposes of this chapter, the "wetlands margin" shall
extend 100 feet from the wetland boundary or to the limit of the hydric
soils, whichever is less. The limit of the hydric soils shall be as
defined in this chapter unless reclassified by a certified soil scientist.
One-fourth acre or more of contiguous wooded land where the
largest trees measure at least six inches diameter at 4 1/2 feet above
the average grade at the base of the tree. The "woodland" shall be
measured from the dripline of the outer trees. "Woodlands" are also
a grove of trees forming one canopy where 10 or more trees measure
at least six inches at 4 1/2 feet above the average grade at the base
of the tree.
The unobstructed open space around a building or structure
on the same lot.
YARD, FRONTAn open unoccupied space on the same lot with a building or structure, extending the full width of the building or structure projected to the side lines of the lot. The depth of the "front yard" shall be measured from the street right-of-way line to the nearest portion of the building or structure; the required setback line from a street right-of-way or street center line.
YARD, REARAn open unoccupied space on the same lot with a building or structure, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building or structure projected to the side lines of the lot. The depth of the "rear yard" shall be measured from the rear lot line to the nearest portion of the building or structure. A building or structure shall not extend into the required "rear yard."
YARD, SIDEAn open unoccupied space on the same lot with the building or structures situated from the nearest portion of the building or structure to the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building or structure shall not extend into the required "side yards."
The designation of specified districts within a community
or township, reserving them for certain uses, together with limitations
on lot size, heights of structures and other stipulated requirements.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the uses permitted and all
other requirements under this chapter for the zone in which it is
located or is to be located.
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
[1]
Editor's Note: This ordinance repeals the
former definition of “adult commercial use.”
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[3]
Editor's Note: The Historic District Map is on file and available for inspection in the City offices and is also include at the end of Ch. 197, Subdivision and Land Development.
[4]
Editor's Note: See 53 P.S. § 10101
et seq.
[5]
Editor's Note: The former definition of "residential conversion,"
which immediately followed this definition, was repealed 6-27-2011
by Ord. No. 1350-2011.
