(A) Interpretation. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning herein indicated.
(1) Words used in the present tense include the future tense. The singular includes the plural.
(2) The word PERSON includes a corporation as well as an individual.
(3) The word LOT includes the word PLOT or PARCEL.
(4) The term SHALL is always mandatory.
(5) The word USED or OCCUPIED, as applied to any land or building, shall be construed to include the words “intended, arranged, or designed to be used or occupied.”
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building detached from and subordinate to the main building on the same lot and used for purposes customarily incidental to the main building.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALLEY. A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS. As applied to a building or structure, any change or rearrangement in the total floor area or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
ANIMAL HOSPITAL. A building used for the treatment, housing, or boarding of small domestic animals such as dogs, cats, rabbits, and birds or fowl by a veterinarian.
APARTMENT HOUSE. A building occupied by three or more dwelling units.
AREA, BUILDING. The total area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches terraces and steps.
AREA, LOT. The total area within the lot lines.
AUTOMOBILE SERVICE STATION. Any area of land, including any structure thereon, or any building or part thereof, that is used for the retail sale of gasoline, oil, other fuel or accessory for motor vehicles, and which may include facilities used for polishing, greasing, washing, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
AUTO BODY SHOP. Any structure or any building or part thereof, that is used for the repair or painting of bodies and fenders of motor vehicles.
BASEMENT. A story partly underground but having one-half or more of its height above the average level of the adjoining ground.
BED AND BREAKFAST. Building where lodging is provided for compensation on a temporary basis, whether or not food or meals are provided.
BOARD. Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
BOARDING HOUSE. A building where, for compensation, lodging and/or meals are provided for at least three but not more than 15 persons.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals, or chattels, and including covered porches or bay windows and chimneys.
BUILDING, DETACHED. A building surrounded by open space on the same lot.
BUILDING LINE. A line parallel to the front, side, or rear lot line set so as to provide the required yard.
BUILDING, MAIN. A building in which is conducted the principal use of the lot on which it is located.
CARPORT. See GARAGE, PRIVATE.
CELLAR. A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A CELLAR shall not be considered in determining the permissible number of stories.
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNER. A court that does not extend to a street, alley, yard, or outer court.
COURT, OUTER. A court which extends to a street alley, yard, or other outer court.
COVERAGE. The percentage of the plot or lot area covered by the building area.
DAIRY. A commercial establishment for the manufacture or processing of dairy products.
DECISION. Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All DECISIONS shall be appealable to the court of common pleas of the county and judicial district wherein the borough lies.
DOG KENNEL. A structure for keeping three or more dogs that are more than six months old.
DUMP. A lot or land, or part thereof, used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
DWELLING. A building designed for residential purposes and used as the living quarters for one or more families.
DWELLING, END UNIT TOWNHOUSE. An individually owned single-family dwelling unit, attached to another similar unit on one side via a party wall that contains no common doors or windows. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.
DWELLING, INTERIOR UNIT TOWNHOUSE. An individually owned single-family dwelling unit, attached to other similar units on both sides via party walls that contain no common doors or windows. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.
DWELLING, MULTI-FAMILY. A building used by three or more families living independently of each other and doing their own cooking, including apartment houses.
DWELLING, SINGLE-FAMILY, ATTACHED (ROW). A building used by one family and having two party walls in common with other buildings.
DWELLING, SINGLE-FAMILY, DETACHED. A building used by one family, having only one dwelling unit, and having two side yards.
DWELLING, SINGLE-FAMILY, SEMI-DETACHED. A building used by one family, having one side yard and one party wall in common with another building.
DWELLING, TWO-FAMILY DETACHED. A building used by two families, with one dwelling unit arranged over or beside the other, and having two side yards.
DWELLING, TWO-FAMILY, SEMI-DETACHED. A building used by two families, with one dwelling unit arranged over or beside the other, having one side yard and one party wall in common with another building.
DWELLING UNIT. One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.
ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES. Electric public utilities transmission distribution facilities including substations.
FAMILY. One or more persons occupying one dwelling unit and maintaining one common household, not including occupants of a club, fraternity, lodging, or boarding house.
FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the floor of a building having the greatest dimensions, including the areas of roofed porches and roofed terraces, and its accessory buildings on the same lot. All dimensions shall be measured between exterior faces of walls.
FLOOR AREA, HABITABLE. The sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen, or bedroom, but not including hallways, stairways, cellars, attics, service rooms or utility rooms, bathrooms, closets, nor unheated areas such as enclosed porches nor rooms without at least one window or skylight opening onto an outside yard or court.
FLOOR AREA RATIO. The ratio of floor area of a building to its lot area. When a FLOOR AREA RATIO of 4/10 is specified, the floor area of a building constructed on a lot of 30,000 square feet is limited to a maximum of 4,000 square feet.
GARAGE, PRIVATE. An enclosed or covered space for the storage of one or more vehicles; provided that no business, occupation, or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.
GARAGE, PUBLIC. Any garage other than a private garage, and which is used for storage, repair, rental, servicing, or supplying of gasoline or oil to motor vehicles.
GRADE, FINISHED. The completed surfaces of lawns, walks, and roads, brought to grade as shown on official plans or designs relating thereto.
HEIGHT OF BUILDING. The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, and similar projections.
HOME OCCUPATION. A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential property. The business or commercial activity must satisfy the following requirements.
(a) The business or commercial activity is clearly incidental, accessory, and subordinate to the property’s residential use.
(b) The business or commercial activity shall be compatible with the residential use of the property and surrounding residential uses.
(c) The business or commercial activity shall employ no more than two persons other than family members residing in the dwelling thereon.
(d) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(e) There shall be no outside appearance of a business or commercial use.
(f) The business or commercial activity shall create no greater traffic volumes or parking demands than would normally be expected in its neighborhood in the borough.
(g) The business or commercial activity may not use any equipment or process which creates noise, vibrations, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(h) The business or commercial activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(i) The business or commercial activity is not a nursery school, dancing school, exercise or health center, day care center, funeral home, mortuary, eating or drinking establishment, animal kennel, animal hospital, veterinarian office, boarding house, medical or dental clinic, transportation vehicle repair or rental facility, theater, or other commercial recreation facility.
(j) The business or commercial activity may not involve any illegal activity.
HOSPITAL. A place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care including such establishments as a sanitarium and sanatorium.
HOTEL. A building used as the more or less temporary abiding place of 16 or more individuals who are, for compensation, lodged, with or without meals, and in which no provision is made for cooking in any individual room or suite. A HOTEL may include restaurants, news stands, and other accessory services primarily for serving its occupants and only incidentally the public.
JUNKYARD. A lot, land, or structure or part thereof, used primarily for the collection, storage, and sale of waste paper, rags, scrap metal, or discarded material or for the collecting, dismantling, storage, and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
LAUNDERETTE. A business premises equipped with individual clothes washing and/or drying machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.
LODGING HOUSE. A building where, for compensation, rooms are provided for at least three but not more than 15 persons, and in which no table board is furnished.
LOT. A designated parcel, tract, or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit.
LOT, CORNER. A lot at the junction of and abutting on two or more intersecting streets, or at the point of abrupt change of a single street where the interior angle is less than 135 degrees and the radius of the street line is less than 100 feet.
LOT, END UNIT TOWNHOUSE DWELLING. The individually owned lot on which an end unit townhouse dwelling is constructed, including a front yard, a side yard, and a rear yard. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.
LOT, INTERIOR. A lot other than a corner lot.
LOT, INTERIOR UNIT TOWNHOUSE DWELLING. The individually owned lot on which an interior unit townhouse dwelling is constructed, including a front yard and a rear yard. The owner is responsible for payment of all real estate taxes, maintenance, and repairs of the property. The sale of the property (structure and lot) may be conveyed to any party without prior approval by anyone other than the homeowner.
LOT, THROUGH. An interior lot having street lines on opposite sides (ends) of the lot.
LOT LINE, FRONT. A street right-of-way line on the narrow side of the lot facing the street, avenue, drive, lane, road, or way. If a lot faces a street, avenue, drive, lane, road, or way with a width greater than 20 feet and also a street, avenue, drive, lane, road, or way with a width equal to or less than 20 feet, the FRONT LOT LINE is the lot line parallel to the wider street, avenue, drive, lane, road, or way.
LOT LINE, REAR. The lot line that is most distant from, and is, or is most nearly, parallel to, the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the REAR LOT LINE shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front line. If a lot has two or more front lot lines, the person constructing the initial main building shall specify which of the non-front lot lines is to be designated as the REAR LOT LINE.
LOT LINE, SIDE. A lot line which is neither a front lot line nor a rear lot line.
MANUFACTURED HOME. A one time transportable, single-family dwelling intended for permanent occupancy, contained in two or more units designed to be joined into one integral unit which arrives at a site complete and ready for occupancy, except for placement on a permanent foundation and minor/incidental unpacking and assembly operations.
MOBILE HOME. A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT. 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.
MOBILE HOME PARK. A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MOTEL. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed with separate entrances and designed for year-round occupancy, primarily for transient automobile travelers, and providing for accessory off-street parking facilities. The term MOTEL includes buildings designated as tourist courts, tourist cabins, motor lodges, and similar terms.
MUNICIPAL AUTHORITY. A body politic and corporate created pursuant to the Act of May 2, 1945 (Pub. Law 382, No. 164), known as the “Municipalities Authority Act of 1945.”
NONCONFORMING BUILDING. A building or structure which does not conform to all the height, area, and yard regulations of the district in which it is located.
NONCONFORMING LOT. A lot, the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
NONCONFORMING SIGN. A sign which does not conform to the regulations of the district in which it is located.
NONCONFORMING STRUCTURE. A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such NONCONFORMING STRUCTURES include, but are not limited to, nonconforming signs.
NONCONFORMING USE. A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
NURSING OR CONVALESCENT HOME. A building with less than 15 sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
OPEN SPACE. The unoccupied space open to the sky on the same lot with the building.
PARKING SPACE. The space within a building, or on a lot or parking lot, for the parking or storage of one automobile.
PET STORE. Retail business for the sale of small household and small wild animals, including supplies.
PLAT. A map, plan, or layout showing the subdivision of land and indicating the location and boundaries of individual properties.
PREMISES. Any lot, parcel, or tract of land and any building construction thereon.
PRIVATE ROAD. A legally established right-of-way, other than a street, which provides the primary vehicular access to a lot.
PUBLIC GROUNDS. Includes:
(a) Parks, playgrounds, trails, paths, and other recreational areas and other public areas;
(b) Sites for schools, sewage treatment, refuse disposal, and other publicly owned or operated facilities; and
(c) Publicly owned or operated scenic and historic sites.
PUBLIC HEARING. A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance with this chapter.
PUBLIC MEETING. A forum held pursuant to notice under the Act of June 3, 1986 (Pub. Law 388, No. 84), known as the “Sunshine Act,” 53 P.S. §§ 271 et seq.
PUBLIC NOTICE. Notice published once each week for two successive weeks in a newspaper of general circulation in the borough. Such NOTICE shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
RACE TRACK. Track used by motorized vehicles capable of transporting one or more humans.
REPORT. Any letter, review, memorandum, compilation, or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer, or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All REPORTS shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body, or agency, nor shall any appeal lie therefrom. Any REPORT used, received, or considered by the body, board, officer, or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESIDENTIAL HOTEL. A hotel used by 16 or more permanent guests only and not by transients.
RIDING ACADEMY. An establishment where horses are kept for riding or driving, or are stabled for compensation, or incidental to the operation of any club, association, ranch, or similar establishment.
SANITARIUM or SANATORIUM. A private hospital, whether or not such facility is operated for profit.
SCREEN PLANTING. A vegetative material of sufficient height and density to conceal from the view, in adjoining districts, the structures and uses on the premises upon which the screen planting is located.
SETBACK. The distance from the property line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line.
SIGN. Any structure or device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, fraternal, or similar organization.
SPECIAL EXCEPTION. A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the state’s Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 53 P.S. §§ 10901 et seq.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, viaduct, or any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET LINE. The dividing line between the street and the lot.
STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION. The division or redivision of a lot, tract, or parcel of land by any means, into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development.
TELEPHONE CENTRAL OFFICE. A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone and radio messages between subscribers, and other business of the telephone company; provided, that in a residential district a TELEPHONE CENTRAL OFFICE shall not include storage of materials, trucks, or repair facilities, or housing of repair crews.
THEATER. A building or part of a building devoted to the showing of moving pictures or theatrical productions on a commercial basis.
THEATER, OUTDOOR DRIVE-IN. An open lot or part thereof with its appurtenant facilities devoted primarily to the showing of moving pictures or theatrical productions on a commercial basis to patrons seated in automobiles or on outdoor seats.
TOURIST HOME. A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
TRAILER CAMP. A tract of land where two or more trailer coaches are parked or which is used or held out for the purpose of supplying to the public a parking space for two or more trailer coaches.
TRAILER COACH. Any portable or mobile vehicle used for living purposes and with its wheels, rollers, or skids in place.
USE. The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE. Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the state’s Municipalities Planning Code, 53 P.S. §§ 10101 et seq.
WINDOW. An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation, or both, to an interior space.
YARD. An unoccupied space open to the sky, on the same lot with a building or structure.
YARD, FRONT. The required open space extending along the full width of a front lot line and back to the required building line.
YARD, REAR. The required open space extending from the rear of the main building to the lot line (not necessarily a street line) across the entire width of the lot. On a corner lot, one of the yards not situated adjacent to a street shall be designated by the owner or developer as being the REAR YARD.
YARD, SIDE. The required open space between the side (face) of any building and the side lot line, extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed as a side line. In the case of a through lot, SIDE YARDS shall extend from the rear line of the required front yard to the front line of the required rear yard. On a corner lot, one of the yards not situated adjacent to a street shall be designated by the owner or developer as being the SIDE YARD.
(Ord. 2010-03, passed 3-1-2010; Ord. 2011-01, passed 3-7-2011; Ord. 2020-04, passed 12-22-2022)