Except as specifically defined herein, all words used in this Chapter shall carry their customary dictionary meanings. For the purpose of this Chapter certain words and terms used herein are defined as follows:
Accessory use or structure–a use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily, incidental to the use of the principal buildings, such as a garage.
Adult bookstore–business dealing as a distributor or retail sell to distribute, sell or consign any literature, book, magazine, pamphlet newspaper, story paper, paper, comic book, writing, drawing, photograph videotape, figure or image, or any written or printed matter or any article which contains nudity, state of nudity, sexual content and sexually explicit nudity. [Ord. 377]
Adult cabaret–a nightclub, bar restaurant or similar commercial establishment which regularly features persons who appear in a state of nudity; live performances, which are characterized by sexual content or sexually explicit nudity; films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual content or sexually explicit nudity. [Ord. 377]
Adult entertainment facility–any structure, building, or use which is open to the general public in which 20 percent or more of the occupied sales or display area offers for the sale or rent, lease, loan or for view upon the premises, pictures, photographs, drawings, prints, image sculptures, still films, videotape or similar visual representations distinguished or characterized by an emphasis on sexual content or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit or detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual content or which offers for sale sexual devices. This definition shall also include a building, structure or portion thereof, or a use open to the general public used for presenting motion picture film, videotape, live performances or similar visual representation or materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity and shall also include adult motels, adult cabarets and adult theaters. [Ord. 377]
Adult motel–a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of sexual content or sexually explicit nudity and has a sign visible from the public right-of-way which advertises the availability of this adult type of entertainment.
(2) Offers sleeping rooms for rent four or more times in 1 calendar day in any continuous 30-day period. [Ord. 377]
Adult theater–a commercial establishment, including a theater, concert, hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity either on film, motion pictures, videocassettes, slides, similar photographic reproductions or in live performances which are characterized by the depiction or description of sexual content or sexually explicit nudity. [Ord. 377]
Alley–a public or private way not more than 30 feet wide affording only secondary means of access to abutting property.
Alteration (of building or structure)–any change in the supporting parts (such as bearing walls, beams, columns, girders) except such changes as may be required for its safety.
Apartment house–a building or structure containing three or more dwelling units under the same roof.
Applicant–a landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, and successors and assigns.
Application for development–every application, whether preliminary, tentative or final required to be filed and approved prior to start of construction or development including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan. [Ord. 349]
Automobile or trailer sales area–an open area, other than a street, used for the display, sale or rental of new or used motor vehicles such as automobiles, snowmobiles, motorcycles or trailers in operable condition and where no repair work is done.
Automobile service station or filling station–a building or place of business where gasoline, oil and greases, batteries, tires, and automobile accessories are supplied and dispensed directly to the motor vehicle (automobile, snowmobile, motorcycle or trailer) trade, at retail, as well as pairs may be rendered.
Automobile wrecking–the dismantling or disassembling of used motor vehicles or trailers; or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.
Basement–that portion of a building below the first-floor joists, at 1east half of whose clear ceiling height is above the main level of the adjacent ground.
Bed and breakfast–a residential building used as a place of repose and/or meetings. Services will be limited to meals (catered or prepared on the premises). Parking will be sufficient for off-street parking. May be authorized in any residential building with approval of Borough Council. [Ord. 383]
Billboard/business sign–an attached or free-standing structure used to identify the activity being pursued by an individual, business, service, commercial or industrial enterprise, for the purpose of apprising the public of the location of such enterprise and/or the type of activity in which it is engaged.
Board–any body granted jurisdiction under a land use ordinance under this Chapter to render final adjudications. [Ord. 349]
Borough–the Borough of Blossburg.
Building–any structure having a roof supported by columns or walls ed for shelter or enclosures; any structure intended for shelter, housing, enclosure of person, animals, chattels.
Building height–the vertical distance measured from the average level the highest and lowest portion of the building site covered by the building, to the ceiling of the uppermost story.
Building line–a line formed by the intersection of the horizontal plane at the average grade level and a vertical plane that coincides with the exterior surface of the building on any side. All yard requirements are measured to the building line.
Building, principal–a building in which the primary use of the lot takes place.
Buffer strip–a continuous strip of land planted with trees and/or shrubs at least 5 feet in height densely planted so as to restrict a clear view beyond said strip.
Center line of street–the center line of a street or road is the line surveyed and monumented by the Borough as such or, if a center line has not been surveyed and monumented, it shall be that line running midway between tie abutting property lines of the street, if such exist. If such abutting property lines are not clearly defined, the center line shall be a lime midway between right-of-way lines of recorded streets or rights-of-way. [Ord. 349]
Certificate of occupancy–a statement issued by the Zoning Officer upon completion of construction, alteration or change in occupancy of a building. Said certificate shall acknowledge compliance with all requirements of this Chapter, such adjustments thereto granted by the Zoning Hearing Board, and/or all other applicable requirements.
Commission–the Borough Planning Commission of the Borough of Blossburg.
Common open space–a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities. [Ord. 349]
Council–the Borough Council of the Borough of Blossburg.
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. [Ord. 349]
Developer–any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development. [Ord. 349]
Development plan–the provisions for development including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase “provisions of development plan” when used in this Chapter shall mean the written and graphic materials referred to in this definition. [Ord.349]
Determination–final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(1) The Borough Council.
(2) The Zoning Hearing Board.
(3) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal. [Ord. 349]
District–a portion of the territory of the Borough of Blossburg within which certain uniform regulations and requirements set forth in this Chapter.
Dwelling–a detached building and dwelling unit designed for occupied exclusively by one family.
Dwelling, one-family–a detached building and dwelling unit designed for or occupied exclusively by one family.
Dwelling, two-family (includes duplex dwelling)–a building designed for or occupied exclusively by two families living independently of each other.
Dwelling, multi-family–a building used or designed as a residence for three or more families living independently of each other; includes apartment development.
Dwelling, senior citizen–a building or buildings designed for primary occupancy by elderly or disabled or handicapped citizens and requiring no facilities for school age children.
Dwelling unit–one or more rooms providing living facilities for one family including equipment for cooking, toilet and bathing equipment or provisions for the same.
Essential services–the construction or maintenance, by public utilities or governmental agencies, of gas, electrical, steam, telephone or water distribution system. These include equipment such as poles, tower, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment which conform to the height regulations of the district in which they are proposed; except that buildings and electric substations are excluded.
Family–an individual, or a group of not more than five persons (excluding servants) who are not related by blood or marriage, living together as a single housekeeping unit in a dwelling unit, except that dormitories and religious homes with common living quarters and adequate central services are excluded.
Fence–an artificially constructed barrier erected for the enclosure of areas.
Floor area ratio–the ratio of the total gross floor (horizontal) area of the building as expressed in square feet and the total lot areas expressed in square feet.
Garage, private–an enclosed or partly enclosed space used as accessory to the principal building primarily for the storage of automobile provided that no occupation, business or service for profit is carried on. The term shall include the term “carport.”
Garage, public–any garage other than a private garage, available to the public, operated for gain, and which is used for the equipping, care, servicing and rental of automobiles or other motor vehicles such as motorcycles or snowmobiles.
Garden apartment–a multi-family dwelling, three stories or less in height, excluding residential conversion. [Ord. 430]
General nuisance–any use considered to be inconsistent with the public comfort, convenience, health, safety, and general welfare. The following factors are included:
(1) Fire and explosion hazards.
(2) Electrical and radioactive disturbances.
(3) Noise and vibration.
(4) Dust, dirt, fly ash.
(5) Glare.
(6) Smoke, odors.
(7) Other forms of air pollution not listed above.
Home occupation–in Blossburg Borough, home occupations are permitted as a special exception. Permitted home occupations may be operated only they comply with the following conditions:
(1) A permitted home occupation shall not utilize more than 20 percent of the gross floor area of the dwelling unit.
(2) Off-street parking shall be provided to comply with the parking requirement schedule of this Chapter.
(3) Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein. [Ord. 408]
(4) The exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein.[Ord. 408]
(5) The inhabitant of the structure as well as the owner of the structure must make a joint application for this special exception. [Ord. 408]
Hotel–a building designed for occupancy as the temporary residence of individuals who are lodged with or without meals. No cooking is provided in any individual room or suites.
Junkyard–any area and/or structure used or intended to be used for the conducting and operating of the business of selling, buying, storing or trading in used or discarded materials such as metal, glass, paper, cordage, discarded vehicles with invalid license and/or sticker, and home wrecking materials.
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. [Ord. 349]
Lot, corner–a lot abutting upon the intersection of two or more streets which form an interior angle of less than one hundred 135 degrees. The point of intersection of the street lot lines is the “corner.”
Lot coverage–that percentage of the lot area which may be devoted to building area.
Lot depth–the mean horizontal distance between the front and the rear lot lines.
Lot lines:
Lot line, front–the line separating the lot from the street.
Lot line, rear–the lot line opposite and most distant from the front lot line.
Lot line, side–any lot line other than a front or rear lot line.
Lot line, street or alley–a lot separating the lot from a street or alley.
Lot width–the mean width of the lot measured at right angles to its depth.
Lot area–the computed area contained within the lot lines, expressed in terms of square feet or acre.
Major subdivision–any subdivision containing over 12 lots. [Ord. 381]
Midrise apartment–a multiple-family dwelling of four full stories or more in height, excluding residential conversions. [Ord. 430]
Minor subdivision–any subdivision containing 12 lots or less. [Ord. 381]
Mobile home–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. [Ord. 349]
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. [Ord. 349]
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. [Ord. 349]
Multiplex–a single structure containing not less than five dwelling units per structure, whereby each dwelling unit has a separate and distinct access to the outside. [Ord. 430]
Municipal authority–a body politic and corporate created pursuant to the Act of May 2, 1945, P.L. 382, No. 164, known as the “Municipalities Authority Act of 1945,” 53 P.S. §301 et seq., or the Municipality Authorities Act, Act of June 19, 2001, P.L. 287, No. 22, 53 Pa.C.S.A. §5601 et seq. [A.O.]
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. [Ord. 349]
Nonconforming structure–a structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this apter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior 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. [Ord. 349]
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. [Ord. 349]
Nudity or state of nudity–the appearance of human bare buttock, anus, male genitals, female genitals or female breasts. [Ord. 377]
Nursing home–any premises where persons are lodged and furnished with meals and nursing care.
Office building–a building comprised of more than 50% of offices.
Open space–an unoccupied space open to the sky on the same lot with a principal and/or accessory building.
Parking space–an off-street space available for the parking of a motor vehicle and which in this Chapter is held to be an area at least 10 feet wide and 20 feet long, exclusive of access and passageways.
Planned residential development–an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling unit., or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or us density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this Chapter. [Ord. 349]
Principal permitted use–any use requiring no special action by the Board or the Commission before a zoning permit is granted by the Zoning Official, subject to all other applicable provisions of this Chapter.
Public grounds–includes:
(1) Parks, playgrounds, trails, paths and other recreational areas and other public areas.
(2) Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.
(3) Publicly owned or operated scenic and historic sites.
[Ord. 349]
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. [Ord. 349]
Public meeting–a forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act,” 53 P.S. §271 et seq Sunshine Act, 65 Pa.C.S.A. §701 et seq. [A.O.]
Public notice–notice published once each week for 2 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 7 days from the date of the hearing. [Ord. 349]
Recreation–
Recreation, commercial–recreation facilities operated as a business and open to the general public for a fee.
Recreation, private, noncommercial–clubs or recreation facilities, operated by a nonprofit organization, and open only to its members.
Recreation, public–recreation facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization, and open to the general public.
Recreational facility, outdoor–any activity normally conducted outdoor, including swimming, tennis, baseball, football, and similar recreational and/or athletic activities. Such activities conducted within an enclosed building or structure shall be considered to be outdoor recreational facilities.
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 he 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 mace 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. [Ord. 349]
Rooming house–a building containing a single dwelling unit and rooms for the rooming and/or boarding of between three and 25 persons for definite periods of not less than 1 week. Under the provisions of this Chapter, a rooming house shall be considered a multifamily dwelling.
Semi-public or quasi-public–facilities operated by religious organizations, veterans organizations, and other institutions or organizations of similar type. In addition, this includes those facilities operated by persons or groups for a public purpose but with only limited public control or accessibility.
Sexual content–any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
(2) Sex acts, actual or simulated, including intercourse, oral copulation or sodomy.
(3) Masturbation, actual or simulated.
(4) Excretory functions as part of or in connection with any of the activities set forth in subparagraphs (1) through (3), above.
[Ord. 377]
Sexual explicit nudity–the male genitals in a state of sexual arousal and/or the vulva or female genitals, or full exposure of the female breasts. [Ord. 377]
Sign–any device, structure, or object for visual communication or identification that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flags, or insignia of public, semi-public civic, charitable or religious groups.
Sign, advertising–a sign which directs attention to a business, commodity, service, or entertainment which is not sold or offered up the same premises where the sign is located.
Sign, business–a sign which directs attention to a business, profession, commodity, service, or entertainment which is sold or offered upon the same premises where the sign is located.
Sign, development–signs advertising the sale or development the premises upon which they are erected.
Sign, directional–signs, indicating the location and direction of premises available for or in process of development, but not erected upon the premises and bearing the name of the owner, developer, building, or agent.
Sign, flashing–an illuminated sign which revolves, or has alternating light or color while in use.
Sign, gross surface area of–the entire area within a single continuous perimeter enclosing the extreme limits of the sign, and not passing through or between any adjacent element of same. However, the perimeter does not include any structural or framing elements lying outside the limits of the sign nor forming an integral part of the display.
Sign, institutional–signs of schools, colleges, churches, hospitals, sanatoria, or other institutions of similar public or semi-public nature.
Sign, nameplates and identification–signs indicating the name address of the occupant, or a permitted home occupation.
Sign, sale or rental–signs advertising the sale or rental of the premises upon which they are erected; and signs bearing the word “Sold” or “Rented” with the name of the person effecting the sale or rental.
Special exception–a use permitted in a particular zoning district pursuant to the provisions of this Chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§10601 et seq., 10901 et seq. [Ord. 349]
Story–the portion of a building included between the surfaces of any floor and the floor above it. If there is no floor above it, then the space between the floor and the ceiling next above it.
Story, half–a partial story under a gable, hip, or gambrel roof the wall plates of which on at least two opposite exterior walls are not more than 4 feet above the floor of such story. Any partial story used for residence purposes, other than for a janitor and his family, shall be deemed a full story.
Story, first–the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building. Any basement or cellar used for residence purposes, other than for a janitor caretaker or his family, shall be deemed the first story.
Street–includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private. [Ord. 349]
Residential street–a street between two intersecting streets upon which an R District abuts, or where 50 percent or more of the abutting street frontage is in predominantly residential use.
Side street - the street adjacent to a corner lot which extends the general direction of the depth of the lot.
Structure–any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land. [Ord. 349]
Subdivision–the division or redivision of a lot, tract or parcel if 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: 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 of access or any residential dwelling, shall be exempted. [Ord.349]
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 Pennsylvania Municipalities Planning Code, 53 P.S. §10101 et seq. [Ord. 349]
Water survey–an inventory of the source, quantity, yield and use of groundwater and surface water resources within the Borough. [Ord. 349]
Yard–an open space of uniform width and depth, lying between a building (or group of buildings) on the same lot and the nearest lot line. It is unoccupied and unobstructed from the ground upward, except as otherwise permitted.
Yard, front–an open space extending the full width of the lot between a building and the front lot line.
Yard, rear–an open space extending the full width of the lot between a building the rear lot line.
Yard, side–an open space extending from the front yard to the rear yard between a building and the nearest side lot line.
Zoning Hearing Board–the official established Zoning Hearing Board of the Borough of Blossburg; as used in this Chapter, unless indicated otherwise, the term “Board” shall refer to such Zoning Hearing Board.
Zoning Map–the Zoning Map of the Borough of Blossburg, Pennsylvania.
Zoning official–the administrative officer, appointed by the Borough Council, who shall administer and enforce the provisions of this Chapter.
Zoning permit–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 district in which it is located or is to be located.
(Ord. 244A, 3/3/1975, Art. III; as amended by Ord. 270, 6/2/1980, Art. II § 3.135; by Ord.349, 5/6/1991, §1; by Ord. 377 10/12/1998, §2; by Ord. 381, 12/14/1998; by Ord. 383, 6/14/1999; by Ord. 408, 4/10/2006, §1; by Ord. 430, 4/16/2012, §1; and by A.O.