§ 156.005  DEFINITIONS.
   Except where specifically defined herein, all words used in the chapter shall carry their customary meanings. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word “shall” is always mandatory and not permissive. The words “uses” 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”.
   ABANDONED VEHICLES. Unused, stripped, junked, wrecked or otherwise unusable vehicles which do not carry a current registration plate or inspection sticker and which are no longer safely usable for the purpose for which they were manufactured and which have been in place for a period of 30 days or more.
   ACCESSORY USE. A use customarily incidental and subordinate to the principal use of building and located on the same lot with such principal use or building.
   ACCESSORY USE PARKING. Parking customarily incidental and subordinate to the principal use of a building located on or adjacent to the lot where the parking occurs.
   AGRICULTURE. Any agricultural use, including farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, kennels and forestry.
   ALLEY. Area of a lot or site shall be calculated from dimensions derived by horizontal projections of the site.
   BASEMENT. A story having more than 50% of its clear height above the average level of the surrounding around but with a floor elevation below grade. A BASEMENT shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for a dwelling unit, not common space for other floors of the building.
   BED AND BREAKFAST FACILITY. A residential building other than a hotel in which part or parts are kept, used or held, to be a place where sleeping accommodations are offered for hire and limited meals may be served to overnight guests only; a BED AND BREAKFAST FACILITY is open to transient guests.
   BILLBOARD. A sign (see definition of sign in this chapter) which advertises a service, activity, product or business pursuit, but which is not located on the premises of the item advertised.
   BOARD. The Zoning Hearing Board of the City of Corry, Erie County, Pennsylvania.
   BOARDING, ROOMING, TOURIST OR LODGING HOUSE. A building where lodging is provided, for compensation, for two or more persons who are not a family.
   BUILDING. A roofed structure enclosed by walls, columns or piers for the shelter, housing or enclosure of persons, goods, materials or animals.
   BUILDING HEIGHT. The vertical distance from the average elevation at grade level, to the highest point of the deck of a flat roof or mansard roof, or to the mean height between the eaves and the ridge for gable, hip and gambrel roofs.
   BUILDING OR SETBACK LINE. Imaginary line parallel to or concentric with the nearest right-of-way line and which is located at the setback distance from the street right-of-way line, said line being a boundary or limit, beyond which no permanent part of a building shall project.
   BUSINESS SERVICE. Any business activity which renders service to other commercial or industrial enterprises.
   CARTWAY. The portion of a road or alley which is paved, graded or improved for travel by vehicles.
   CELLAR. A story having more than 50% of its clear height below the average level of the surrounding ground. A CELLAR shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for dwelling purposes.
   CITY. The City of Corry, Pennsylvania.
   CITY COUNCIL. The Council or legislative body of the City of Corry, Erie County, Pennsylvania.
   CLINIC. Any establishment where human patients are examined and treated by doctors or dentists but not hospitalised overnight.
   CLUB. Any establishment operated for social, recreational or educational purposes, but open only to members and invited guests and not the general public.
   COMMISSION or PLANNING COMMISSION. The Planning Commission of the City of Corry, Erie County, Pennsylvania.
   CONDITIONAL USE. A modification of the regulations of the chapter which City Council is permitted to authorize in specific instances listed in this chapter, under the terms, procedure and conditions prescribed herein.
   COMMERCIAL. Engaging in a business, enterprise, activity or other undertaking for profit, except an activity including only the manufacture and sale of goods.
   COVERAGE. The percentage of the lot area covered by principal and accessory use structures.
   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 County Court of Common Pleas and judicial district wherein the municipality lies.
   DENSITY. The area of a lot or group of lots computed exclusive of any portion of the right-of-way of any road divided by the number of families housed on the lot or group of lots.
   DETERMINATION.
      (1)   Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
         (a)   The governing body;
         (b)   The Zoning Hearing Board; or
         (c)   The Planning Agency, only if and to the extent the Planning Agency is charged with final decision on preliminary or final plans under the subdivision and land development ordinance or planned residential development provisions.
      (2)   DETERMINATIONS shall be appealable only to the boards designated as having jurisdiction for such appeal.
   DRILLING. The drilling or redrilling of any well or the deepening of any existing well.
   DRIVE-IN FACILITY. A commercial business that provides service to the occupants of a vehicle from a window, booth or other structure designed to provide such service without the occupants leaving the vehicle. This shall include, but not be limited to, such establishments as drive-in banks, drive-in beverage distributors, restaurants, laundries and service stations. Also included in this category are automobile washing facilities that are designed to allow the vehicle to be driven or propelled, through a wash bay.
   DWELLING. Any building (including cottages) designed or used as a permanent or temporary living quarters for one or more families.
   DWELLING, MULTIPLE. A building arranged or used as residence for two or more families independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
   DWELLING, SINGLE-FAMILY. A detached building arranged or used for occupancy by one family containing a habitable floor area of at least 800 square feet of dwelling space.
   DWELLING UNIT. One or more rooms for living purposes, together with separate cooking and sanitary facilities used or intended to be used by one or more persons living together and maintaining a common household, and accessible from the outdoors either directly or through an entrance hall shared with other dwelling units.
   EFFICIENCY DWELLING UNIT. A dwelling unit having no more than three rooms, no more than one of which shall be a bedroom, and which has a floor space of 500 square feet or less. Basements, attics and storage rooms shall not be considered as rooms if used for non-living purposes. Bathrooms are not included.
   ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, television cable, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wire, mains, drains, sewers, pipes, conduit cables, radio transmissions, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate services by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including structures of buildings.
   ESSENTIAL STRUCTURES. Buildings and other large structures necessary for providing essential services.
   FAMILY.
      (1)   One or more persons related by blood, marriage or adoption, plus domestic servants, occupying a dwelling unit, including not more that one boarder, roomer or lodger; or
      (2)   Less than six unrelated persons occupying a dwelling unit, living together and maintaining a common household.
   FINISHED, GRADE. The average grade on all sides of a structure immediately adjacent to the structure.
   FLOOR AREA. The enclosed area of a building designed and intended for all season use.
   GARAGE SALES. A private non-continuous sale of surplus used household goods which is held on the premises in a district not zoned for commercial sales.
   GOLF COURSE. Land for playing the sport of golf, consisting of a minimum of nine holes, but excluding miniature golf, par-three golf, pitch and putt, driving ranges and similar golf-associated activities, except as accessory uses on a golf course.
   GROUP LIVING; ARRANGEMENTS. A single nonprofit housekeeping unit that provides room and board to persons who are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968 and who are residents by virtue of receiving supervised specialized services limited to health, social and/or rehabilitative services provided by governmental agencies, their licensed or certified agents or any responsible non-profit social service corporation. Supervision shall be provided by responsible adults whose number shall be determined and certified by the sponsoring agency. However, one responsible adult shall always be in the actual residence on a 24 hour a day basis. The number of residents shall not exceed eight persons including supervisory adults and the children of supervisory adults per 1,000 square feet of floor space excluding basement and garage areas.
   HEIGHT. See BUILDING HEIGHT.
   HOME OCCUPATION. Any use customarily carried on entirely within a dwelling by occupants thereof, which use is clearly incidental and subordinate to the use of the dwelling for dwelling purposes and which does not change the residential character thereof.
   JUNK VEHICLE. Any vehicle which is without a currently valid license plate(s) or inspection sticker and is in either a stripped, rusted, wrecked, dismantled, partly dismantled, inoperative or abandoned condition. A JUNK VEHICLE shall be classified as to its condition in one of the two following categories:
      (1)   RESTORABLE JUNK VEHICLE. A vehicle that is in a condition whereby repairs to same could reasonably be made to place it in operating condition without exceeding the estimated value when repaired.
      (2)   NON-RESTORABLE JUNK VEHICLE. A junk vehicle in such condition that it is economically unsound to restore same to operating condition considering the repairs to be made, age of the vehicle, market value of the vehicle if it were restored or in such condition that the zoning officer determines that it warrants such classification. The Zoning Officer shall make the final determination as to the classification to be assigned to any particular vehicle.
   JUNK YARD. Land or structure used for the collection, storage, processing and sale of scrap metal, scrapped, abandoned or junked motor vehicles, machinery, equipment, waste paper, glass, rags, containers and other discarded materials. It shall not include, however, refuse or garbage kept in a proper container for the purpose of prompt disposal.
   KENNEL. Any establishment wherein four or more dogs are kept for the purpose of breeding, hunting, training, renting, research or vivisection, buying, boarding, sale, show or any other similar purpose and is so constructed that dogs cannot stray therefrom. For the purpose of this chapter, classify under agricultural use.
   LANDOWNER. The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
   LIGHT MANUFACTURING. The processing or fabrication of certain materials and products which does not produce objectionable noise, vibration, air pollution, fire hazard or other disturbances or dangers to neighboring properties.
   LOADING SPACE. A portion of a lot usable for the loading or unloading of motor vehicles.
   LOT. A parcel of land occupied or capable of being occupied by one or more buildings devoted to a common interest or use, and including accessory uses and open yard space.
   LOT, CORNER. A lot at the junction of, and fronting on, two or more intersecting street rights-of-way.
   LOT, DEPTH OF. A mean horizontal distance between the front and rear lot lines.
   LOT, MINIMUM AREA OF. The area of a lot computed exclusive of any portion of the right-of-way of any public or private thoroughfare, street, road, alley or easement of access of use, but including any easement for essential services.
   LOT, MINIMUM WIDTH OF. The minimum width measured at right angles to its depth.
   LOT, WIDTH, OF. The width, measured along the setback line.
   LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded in the office of the County Recorder of Deeds.
   MAIN BUILDING. A building in which is conducted the principal use of the lot on which it is situated.
   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 designed so that it may be used with or without a permanent foundation and whether or not it is placed on a permanent foundation. A travel trailer or motorized home, as defined herein, shall be construed as a MOBILE HOME if occupied or connected with utilities.
   MOBILE HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home lots.
   MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled motor vehicle, including non-collapsible portable dwellings which are mounted on a truck bed.
   NON-CONFORMING LOT. A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
   NON-CONFORMING STRUCTURES. A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment of prior to the application of such ordinance or amendment to its location by reason of annexation. Such NON-CONFORMING STRUCTURES include, but are not limited to, non-conforming signs and non-conforming buildings.
   NON-CONFORMING USE. A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of annexation.
   OFF-STREET PARKING SPACE. A private parking space, whether or not enclosed, located off the right-of-way of any public or private road.
   OPEN SPACE. Any area of land which is predominantly free of structures.
   OUTSIDE RECREATIONAL USES. Commercial uses for recreation purposes which are predominately outside activities, such as golf courses, softball, tennis, football, outside swimming and hiking, excluding such commercial activities as miniature golf, driving ranges and the like.
   PENNSYLVANIA PLANNING CODE. Pennsylvania Municipalities Planning Code (53 P.S. §§ 10101 et seq.), Act 247 of July 31, 1968, and amendments to same as may be adopted from time to time.
   PERMANENT FOUNDATION. A foundation around and under all perimeter walls of a building, mobile home or structure. A PERMANENT FOUNDATION shall be constructed to a depth below frost level, which shall in no case be less than 42 inches below the outside ground surface at the building, and shall be of portland cement concrete, masonry or other approved materials and, shall comply in all respects with the city’s Building Code currently in effect. Footings shall be required under all foundation walls.
   PERMITTED USE. The main or primary purpose for which a building, other structure and/or land may be used, occupied or maintained under the provisions of the zoning ordinance. The use or any other provisions prescribed for the Zoning District in which a building, structure or property is located.
   PERSON. Any person, firm, partnership, association, corporation, company, organization or entity of any kind, and shall include both the singular and the plural.
   PERSONAL SERVICES. An enterprise conducted for man which primarily offers services to the general public such as: shoe repairs; valet service; watch repairing; barber shops; beauty parlors; and related activities.
   PLANNING COMMISSION. The Planning Commission of the City of Corry, Erie County, Pennsylvania.
   PORTABLE BUILDING. A movable building not exceeding 120 square feet in gross floor area which is built on skids and has no concrete slab or below grade foundation.
   PRIVATE GARAGE. An accessory building for the storage of motor vehicles owned and used by the owner or tenant of the lot for a purpose accessory to the use of the lot, and for not more than two additional motor vehicles owned and used by others. The total number of vehicle spaces in any private garage(s) shall not exceed four spaces per dwelling unit if single-family, and not more than one additional vehicle space for each dwelling unit more than one.
   PROFESSIONAL OFFICES. The use of offices and related spaces for professional services as are provided by doctors, dentists, teachers, lawyers, architects, engineers and certified accountants.
   PUBLIC GARAGE. A building, not a private garage, used for storage or repair of motor vehicles.
   RECREATION. See OUTSIDE RECREATIONAL USES.
   ROAD OR STREET. The entire right-of-way of a public street, thoroughfare, highway or of a private road providing access to two or more properties.
   ROOMING HOUSE. A residential building other than a hotel in which part or parts are kept, used or held to be a place where sleeping accommodations are offered for hire for three or more persons, but not open to transient guests.
   SERVICE STATION. A retail place of business engaged primarily in the sale of motor fuels, but also in supplying goods and services generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs. They may include sale of petroleum products; sales and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; the performance of minor automotive maintenance and repair; and the supplying of other incidental customer services and products, but shall not include auto body repairs.
   SIGN. Any structure or device to attract attention by words or graphic display, including any writing (letter, word or numeral); pictorial representation, including illustration or decoration; emblem, including device, symbol or trade mark; flag, including banner or pennant, but excluding the state and nation flags; or any other figure of similar character which is visible from outside a building, or which is a structure or any part thereof, or is attached to, painted on or in any other manner represented on a building, or post, or on any open space or lot. An illuminated sign within a building and located in a window is a SIGN, as are political banners and placards.
   SPECIAL EXCEPTION. A modification of the regulations of the ordinance which the Board is permitted to authorize in specific instances listed, in this chapter, under the terms, procedures and conditions prescribed herein.
   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 is no floor above it, the space between such floor and the ceiling above it. A basement shall be considered as a STORY if more than 50% of its clear height is above finished grade, or if it is used for business or dwelling purposes.
   STREET. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
   STREET LINE. The line defining the edge of the legal width of a street right-of-way.
   STRUCTURE. Anything constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, carports, porches and other building features, but not including sidewalks, fences, drives, open patios at ground level, and walls less than one foot in height.
   TOURIST HOME. A rooming house primarily for transient guests.
   TRAILER. Any licensed or unlicensed piece of mobile equipment designed or constructed to be towed or pulled by a motor vehicle.
   TRAVEL TRAILER. A mobile vehicle, with wheels, designed for overnight occupancy or camping purposes, capable of being towed by a passenger automobile or a truck.
   TRUCK TERMINAL. A facility to accommodate the service, repair and storage of trucks and other motorized equipment, and which may incidentally provide warehousing activities.
   VARIANCE. A departure from the strict letter of the chapter as it applies to a specific property, authorized by the Zoning Hearing Board.
   WELL. A bore hole drilled or being drilled for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such.
   YARD. Any open space located on the same lot with a building unoccupied and unobstructed from the ground up. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line or right-of-way line and nearest point of a permanent part of a building.
   YARD, FRONT. An open space extending the full width of the lot between the building and the road right-of-way line.
   YARD, REAR. An open space extending the full width of the lot between the building and 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.
   ZONING CERTIFICATE. The written authorization issued by the Zoning Officer for the use of land, buildings or structures.
   ZONING MAP. The map containing the zoning districts of the City of Corry, Erie County, Pennsylvania together with all amendments subsequently adopted.
   ZONING OFFICER. The Zoning Officer or his or her authorized representative, appointed by the Council of the City of Corry, Erie County, Pennsylvania.
(Ord. 1347, passed 3-18-1991)