(A) General. 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 firm, association, organization, partnership, trust, company or corporation as well as an individual.
(3) The word LOT includes the word PLOT or PARCEL.
(4) The term SHALL is always mandatory, the word MAY is permissive.
(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) Specific 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 the 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.
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 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.
APARTMENT. A building on a single lot arranged, intended or designed to be occupied as a residence for two or more families in which the dwelling units may be separated horizontally and/or vertically, including condominiums.
AREA, LOT. The total area within the lot lines.
BACK TO BACK BILLBOARD SIGNS. A single structure having two parallel and directly opposite faces, oriented in opposite directions and spaced no more than ten feet apart.
BASEMENT. A space partly below the finished grade, but having one-half or more of its height (measured from finished floor to finished ceiling) above level of the finished grade where such grade abuts the exterior walls of the building, and with a floor-to-ceiling height of not less than five and one-half feet. A BASEMENT shall be considered as one story in determining the permissible number of stories.
BILLBOARD. A sign visible from a public or private road, that directs attention to a business, commodity, service, entertainment, attraction, or subject, sold, offered, or existing elsewhere than upon the same lot where such sign is displayed. BILLBOARD also includes an outdoor advertising sign on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message, and also includes all structural components, and all facilities used to illuminate and/or service the sign. A BILLBOARD shall not include on premises commercial or political signage nor small commercial or noncommercial signs temporarily placed in residential lawns by residents, owners, contractors, realtor or by or on behalf of political candidates or issues.
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 hay 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, SEMIDETACHED. A building which has one wall in common with an adjacent building.
CARPORT. See GARAGE, PRIVATE.
CELLAR. A space partly below the finished grade having less than one-half of its height (measured from finished floor to finished ceiling) above the average level of the adjoining finished grade where such grade abuts the exterior walls of the building or with a floor-to-ceiling height of less than five and one-half feet. A CELLAR shall not be considered a story in determining the permissible number of stories.
CLEAR SIGHT TRIANGLE. An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street right-of-way lines. Within such triangles, nothing shall be erected, placed, planted or allowed to grow, which impedes vision between a height of two and one-half feet and eight feet above the centerline grades of the intersecting, except street signs, traffic lights or signs, utility poles and mailboxes.
COVERAGE. The percentage of the lot or lot area covered by a building or buildings.
CUSTOMARY HOUSEHOLD PETS. Such pets which are normally found within the home such as dogs, cats, hamsters, birds and the like.
DIRECTIONAL INFORMATIONAL SIGNS. These signs are limited to those devices which provide specific directional information for the traveling public to the following facilities: food services, lodging, gasoline and automotive services, truck stops, campgrounds, resorts, tourist attractions, natural wonders, scenic and historical sites and areas of outdoor recreation.
DRIVE-IN RESTAURANT. An establishment for the retailing of food and drink where more than 20% of the patrons eat in their automobiles rather than in the building.
DWELLING GROUP. A group of two or more single-family, two-family or multi-family dwellings occupying a lot in one ownership.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family. Within the borough, manufactured housing/mobile homes will be permitted to be located on a property as a single-family dwelling subject to the following requirements:
(a) The hitch shall be removed from the mobile home;
(b) The manufactured housing/mobile home shall be placed on a permanent foundation;
(c) All area and bulk requirements for single-family dwellings in the respective residential zoning district shall be met;
(d) The title of the unit shall be retired; and
(e) Sidewalks shall be constructed to meet borough ordinance requirements.
DWELLING, SINGLE-FAMILY, SEMIDETACHED. A detached residential building containing two dwelling units designed for occupancy by not more than two families.
DWELLING, MULTI-FAMILY. A building designed for or occupied by three or more families living independently of each other and doing their own cooking. Includes townhouses, row houses and two-family detached and semidetached.
DWELLING UNIT. One or more rooms connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
FAMILY. One or more persons occupying a single dwelling unit; provided, that unless all members are related by blood or marriage, no such group shall contain over five persons; but, provided further, that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.
FLOOR. A partial or continuous, supporting surface extending horizontally throughout or partially throughout a building, having one or more rooms, apartments, or the like, and constituting one level or stage in the structure; story.
FLOOR AREA, LIVABLE. The sum of the horizontal areas of all rooms used for habitation, such as living room, dining room, kitchen or bedroom but not including cellars, attics, garages and roofed terraces, nor unheated areas such as enclosed porches.
FLOOR AREA RATIO. The relationship between the area of permitted floor space in a structure and the area of the lot on which it is situated. A FLOOR AREA RATIO of one would permit a one story building to cover 100% of its lot, a two story building to cover 50% of its lot, a four story building to cover 25% of its lot, and so on.
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.
GARAGE, PUBLIC. Any garage other than a private garage, which is used for storage, repair, rental, servicing of motor vehicles.
GASOLINE SERVICE STATION. A structure, building or area of land or any portion thereof that is used primarily for the sale of gasoline or other motor vehicle fuel which may or may not include facilities for lubrication, washing, selling of accessories and otherwise servicing motor vehicles, including minor repairs, but not including body or paint shops. Any business or industry dispensing gasoline solely for its own use and vehicles will not be deemed to be a GASOLINE SERVICE STATION.
GRADE, FINISHED. The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
HEIGHT OF BUILDING. The vertical distance measured from the main level of the ground surrounding the building to the highest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks and similar projections. In grading the exterior area around a building, a minimum slope away from the building of one foot in ten feet shall be provided. Additionally ground can not be artificially placed adjacent to a proposed building in an attempt to increase the permitted number of stories or height of a building.
HOME OCCUPATIONS. Any gainful occupation or profession operated by a member of the immediate family residing on the premises, and where the business or profession is conducted wholly within the dwelling. (See § 155.171 for further stipulations.)
HOSPITAL. A place for the diagnosis, treatment of disease or other care of humans and having facilities for inpatient care, including such establishments as a sanitorium.
HOTEL or LODGING HOUSE. A building used as the temporary abiding place of three 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, newsstands 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 collection, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
LAUNDROMAT. 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 hotel.
LOT. A tract or parcel of land, regardless of size, held in single or joint ownership, not necessarily as a lot or lots shown on a duly recorded map, which is occupied or capable of being occupied by buildings, structures and accessory buildings, including such open spaces as are arranged, designed or required.
LOT AREA. An area of land which is determined by the limits of the property line bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.
LOT, CORNER. A lot at the point of intersection of and abutting in two or more intersecting streets.
LOT, INTERIOR. A lot other than a corner lot, the sides of which do not abut a street.
LOT LINE. Any line dividing a lot from another lot, street or parcel.
LOT, REVERSE FRONTAGE. An interior lot having frontage on two parallel or approximately parallel streets.
MANUFACTURED HOUSING/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 with or without a permanent foundation. Travel trailers and campers are included. MANUFACTURED HOUSING/MOBILE HOMES not located on a permanent foundation are only permitted in the borough in the R-3 High Density Residential District as part of an approved mobile home park or mobile home subdivision.
MOBILE HOME PARK. Any space, however designated, that is occupied or designated for occupancy by one or more 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 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.
NONCONFORMING LOT. A lot, existing at the time of the passage of this chapter, or any amendments thereto, which does not have the minimum width or contain the minimum area for the zone in which it is located and is not abutted or adjoined by any other land owned by the same owner.
NONCONFORMING SIGN. A sign which does not conform to the regulations of the district in which it is located.
NONCONFORMING STRUCTURE OR BUILDING. A structure or building, or part thereof, which at the time of the enactment of this chapter or any subsequent amendments thereto, does not comply with the provisions of this chapter or such amendments, with respect to restrictions on area, lot coverage, height, yards, location on the lot, or other similar requirements.
NONCONFORMING USE. A use, whether of land, building or structure, which does not comply with the applicable use provisions of this chapter, or subsequent amendments thereto, where such use was lawfully in existence at the time of the enactment of this chapter or such amendments.
NURSING OR CONVALESCENT HOME. A building with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care. Excluding mental cases, cases of contagious or communicable disease or other treatments customarily provided in sanitariums and hospitals.
OPEN SPACE. The unoccupied space open to the sky on the same lot with a building or buildings.
PARKING SPACE. The space within a building or on a lot or parking lot for the parking or storage of one motor vehicle.
PREMISES. Any lot, parcel or tract of land and any building constructed thereon.
PRIVATE ROAD. A legally established right-of-way, other than a street, which provides the primary vehicular access to a lot.
ROW HOUSE (TOWN HOUSE OR SINGLE-FAMILY ATTACHED DWELLING). A dwelling occupied by one family, arranged in a group of three or more such buildings, separated by unpierced common walls with each dwelling having separate entrance/exit.
SANITARIUM, SANITORIUM. A private hospital whether or not such facility is operated for profit.
SCREEN PLANTING. A vegetative material of sufficient height and density to screen the view, in adjoining districts, of the structures and uses on the premises upon which the SCREEN PLANTING is located.
SHOPPING CENTER. A group of stores, six or more in number, planned and designed as an integrated unit with off-street parking provided on a property as an integral part of the unit. It shall also mean a single store or a group of stores less than six in number where the total gross floor area of the store or stores exceeds 40,000 square feet.
SIGN. Includes any writing (including letter, word or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol or trademark); or any other device of similar character which is:
(a) A structure or manner represented on a building or other structure;
(b) Used to announce, direct attention to or to advertise; and
(c) Visible from outside of a building.
SPECIAL EXCEPTION. A use or a condition, listed specifically in the regulations of this chapter, which is permitted only after a hearing held by the Zoning Hearing Board. At the hearing, evidence must be presented to satisfy the conditions and safeguards listed in this chapter, but additional conditions and safeguards may also be imposed by the Board.
STORY. That portion of a building included between 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. A STORY does not include a cellar.
STREET. A public thoroughfare which affords primary vehicular access to abutting properties.
STREET LINE. The dividing line between the street right-of-way line and the lot. Also known as the STREET LOT LINE.
STREET (MARGINAL ACCESS). A public thoroughfare or private road which is less than 20 feet in width. Side yard regulations for yards abutting marginal access streets are the same as those indicated for interior lots. This definition includes alleys.
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, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access, shall be exempted.
USE. The specific purpose for which land or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
V-TYPE SIGN. A single structure having two faces in the shape of the letter “V” when viewed from above, with the faces oriented in opposite directions.
YARD. A required open space, other than a court, unoccupied by a structure.
YARD, FRONT. An open unoccupied space, open to the sky, provided between the front property line and a line drawn parallel thereto, at such distances therefrom as may be specified herein for any district, and extending for the full width of the lot.
YARD, REAR. An open unoccupied space, open to the sky, between the rear property line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.
YARD, SIDE. An open unoccupied space, open to the sky, between the side property line and a line drawn parallel thereto at such distance therefrom as may be specified herein for any district, and extending the full depth of the lot.
ZONING OFFICER (ZONING ADMINISTRATIVE OFFICIAL). The agent or official designated by the Borough Council to enforce this chapter.
ZONING PERMIT. A permit stating the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements of this chapter for the zone in which it is located or to be located.
(Prior Code, Ch. 27, § 27-101) (Ord. 293, passed 4-20-1992, Art. I; Ord. 323, passed 7-6-1998; Ord. 3-2006, passed 7-17-2006, § 1; Ord. 3-2009, passed 8-17-2009, § 1; Ord. 10-2018, passed 10-15-2018)