For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) “Accessory building or accessory use.” A building or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use. An accessory use includes, but is not limited to, the following:
(1) Children’s playhouse, garden house, or private greenhouse.
(2) Civil defense shelter serving not more than two families.
(3) Garage, shed, or building for domestic storage.
(4) Storage or merchandise normally carried in stock on the same lot with any commercial use unless such storage is excluded by the district regulations.
(5) Parking of boat trailers, and travel trailers and recreational vehicles not used as a dwelling on the premises, provided said equipment is parked within the set back lines required of an accessory structure.
(6) Private garage.
(7) Small utility sheds not exceeding 48 square feet (not higher than ten feet high) may be placed in the rear or side yards in any residential lot with a minimum setback of four feet from all property lines. Accessory buildings larger than 48 square feet must comply with all setbacks.
(8) Private swimming pools (see Section 1260.116) appurtenant to an allowed use on the same lot when meeting the width requirements of the district for principal buildings and when the swimming pool or the property on which it is located is adequately fenced to prevent free access of small children.
(9) Off-street motor vehicle parking area; loading and unloading facility.
(b) “Alley.” A service way providing a secondary public means of public access to abutting properties and not intended for general traffic circulation.
(c) “Alterations.” As applied to a building or structure, a change or rearrangement in the structural parts in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location to another, or any change in use from that of one zoning district classification to another.
(d) “Alterations, structural.” Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or foundations.
(e) “Apartment.” See “Dwelling” or “Dwelling unit.”
(f) “Apartment building.” See “Dwelling” or “Dwelling unit.”
(g) “Automotive repair, major.” Service of motor vehicles, as follows:
(1) Spray painting;
(2) Body, fender, clutch, transmission, differential, axle, spring and frame repairs;
(3) Major overhauling of engines requiring removal therefrom of cylinder-head or crankcase pan;
(4) Repairs of radiators requiring removal thereof; and
(5) Complete recapping or retreading of tires.
(h) “Automotive repair, minor.” Incidental repairs; replacement of parts; motor service to automobiles; state inspection; but not including any operation specified under “Automotive repairs, major,” above.
(i) “Basement.” A story partly underground, but having at least one-half of its height above the average level of the adjoining ground. 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 five feet or more or if the basement is used for business or dwelling purposes.
(j) “Basic grade.” The average elevation of the proposed grade line of the ground at the front of the structure as shown on the construction plans, or in the case of a structure abutting the front property line, the elevation of the curb in front of the center of the structure, or if there is no curb, the elevation of the proposed grade line at the center of the front lot line. If no grade line is established, the actual existing grade of the traveled roadway shall apply.
(k) “Bed and breakfast.” A house, or portion thereof, offering accommodations by a commercial establishment or a private home, consisting of a room for the short-term lodging and breakfast facilities for exclusive use by lodgers for one exclusive price.
(l) “Billboard.” See “Sign, off-site”.
(m) “Block.” A tract of land, a lot, a group of lots, bounded by streets, public parks, railroad rights-of-way, watercourses, and boundary lines of the City, unsubdivided land, other definite barriers, or combination of the above.
(n) “Board.” The Zoning Hearing Board of the City of Johnstown.
(o) “Boarding house.” Any non single-family or two-family residential dwelling unit structure occupied by unrelated persons for compensation, lodged on a temporary basis with the primary function of which is to provide room and board. Residents, whose relationships are incidental as opposed to an essential part of living, are not involved in the day-to-day operation and maintenance of the boarding house. The residents are not under the supervision, care, or rehabilitative services of the staff and tenancy is on a weekly or longer basis distinguished from transit housing.
(p) “Buffer area.” A strip of land which is planted and maintained in shrubs, bushes, trees, grass, or other landscaping material and within which no structure is permitted except a wall or fence.
(q) “Building.” A structure having a roof supported by columns or walls, for the shelter of persons, animals, chattels, or property. When separated by walls, which are common with the walls of adjoining dwellings, each portion of such structure shall be considered as a separate building.
(r) “Building area.” The aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projected not more than five feet, one-story open porches projecting not more than 12 feet, steps, and balconies.
(s) “Building or setback line.” The line within a property defining the required minimum distance between any building and the adjacent right-of-way or property line. This face includes sun parlors and enclosed porches, but does not include walks, steps, paved areas, terraces, or open porches of less than ten feet.
(1) “Front setback line.” The line nearest the front of and across a lot establishing minimum open space to be provided between the front line of buildings and structures and the front lot line.
(2) “Side setback line.” The line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
(3) “Rear setback line.” The line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
(4) “Width of building line.” The horizontal distance between side lot lines measured at the minimum prescribed front yard setback line as set forth in this chapter.
(t) “Building height.” The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eave and ridge for gable, hip, and gambrel roofs.
(u) “Cellar.” An unfinished story partly underground and having more than one-half of its clear height below the average level of the ground surrounding the structure. A cellar is not to be counted as a story in computing the number of stories of a structure or building unless it is used for business or dwelling purposes.
(v) “City Council.” The governing body of the City of Johnstown.
(w) “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 and areas set aside for public facilities.
(x) “Coverage.” The percentage of the lot area covered by the building area.
(y) “County.” The County of Cambria, Pennsylvania.
(z) “Day care facility.”
(1) “Day care center.” A facility in which care is provided for seven or more children, at any one time, where the childcare areas are not being used as a family residence.
(2) “Family day care home.” Any premises other than the child’s own home, operated for profit or not for profit, in which child day care is provided at any one time for four, five, or six children who are not relatives of the caregiver.
(3) “Group day care home.” A facility in which care is provided for more than six but less than 13 children, at any one time, where the child care areas are being used as a family residence.
Note: For purposes of this chapter, a child is a person under 16 years of age.
(aa) “Disabled.” The Fair Housing Act, Amendments of 1988, 42 U.S.C.S. subsection 3602(h) defines persons with a disability to mean those individuals with mental or physical impairments that substantially limit one or more major life activities. The term mental or physical impairment may include conditions such as blindness, hearing impairments, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. The term major life activity may include seeing, hearing, walking, breathing, performing manual tasks, caring for one's self, learning, speaking, or working.
Note: The disability discrimination provisions of the Fair Housing Act do not extend to persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent, having a criminal record, or being a sex offender. Furthermore, the Fair Housing Act does not protect persons who currently use illegal drugs, persons who have been convicted of the manufacture or sale of illegal drugs, or persons with or without disabilities who present a direct threat to the persons or property of others.
(bb) “District, zoning.” A section of the City for which uniform regulations governing the use, height, area, and intensity of use of buildings and land and open spaces about buildings are herein established.
(cc) “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 the development plan” when used in this chapter shall mean the written and graphic materials referred to in this definition.
(dd) “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.
(ee) “Decision.” Final adjudication of any board or other body granted jurisdiction under 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 appeasable to the court of common pleas of the county and judicial district wherein the City lies.
(ff) “Determination.”
(1) Final action by an officer, body or agency charged with the administration of any land use ordinance or applications there under, except the following:
A. The governing body;
B. The zoning hearing board; or
C. The planning agency, only if and to the extent that 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) Determination shall be appealable only to the boards designated as having jurisdiction for such appeal.
(gg) “Driveway.” A private or common right-of-way used by vehicles and pedestrians for an individual or multiple land, lot, or facility owner.
(hh) “Dwelling.” Any single, detached structure or portion thereof, designed to be occupied as a single residential living quarters by one family, as defined by the
City of Johnstown Zoning Ordinance, and which includes exclusive sleeping, cooking, eating, and sanitation facilities, which include:
(1) “Detached house.” A dwelling unit occupying the whole of a freestanding residential structure.
(2) “Twin or semi-detached house.” A residential structure occupied by two dwelling units with a common wall.
(3) “Duplex.” A residential structure divided vertically or horizontally into two dwelling units.
(4) “Row house or town house.” A structure with two or more party walls of three or more units not having any horizontal divisions between units.
(5) “Multi-family building.” A building containing three or more dwelling units.
A. “Apartment.” One or more rooms with a private bath and kitchen facilities comprising an independent, self-contained dwelling unit. Units can be separated horizontally and/or vertically from one or more other units in a structure.
B. “Conversion apartment.” Two or more dwelling units installed into a structure which was originally built as a single family detached dwelling.
C. “Apartment house or multiple dwelling unit.” A residential structure containing three or more apartment units.
D. “Garden apartment.” An apartment house or group of apartment houses not exceeding three stories in height.
E. “High-rise apartment.” An apartment house exceeding three stories in height.
(ii) “Educational or counseling institution.” Any organization which offers community or family-based counseling services available to the general public. Generally these institutions include but are not limited to:
(1) Mental and behavioral health treatment facility;
(2) Human services agency;
(3) College and university treatment center; or
(4) Residential treatment facility.
(jj) “Electronic message display center/screen.” A sign, or portion of a sign, capable of displaying words, symbols, figures, or images that can be electronically or mechanically changed by remote or automatic means and which directs attention to a business, activity, product, commodity, service, entertainment, or communication related to the site or building which it is located and/or tenant specific. For the purpose of this chapter the following shall not be considered to be:
(1) Signs utilized by the Police Department, other law enforcement personnel, and/or emergency service providers; or
(2) Signs that include only the date, time, and/or temperature provided that the remainder of the sign remains static at all times
(kk) “Engineer.” A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a Municipality, planning agency, or joint planning commission.
(ll) “Family.” A single person or two or more persons related by blood, marriage, adoption, guardianship, or any other duly-authorized custodial relationship; living together as a single cohesive and nonprofit housekeeping unit which shares common living, sleeping, cooking, eating, and sanitation facilities; or
(1) Two unrelated people and any children related to either of them;
(2) Any group of three unrelated people; or
(3) A group of not more than five unrelated people whom can be classified as “disabled” living together as a single cohesive nonprofit housekeeping unit which shares common facilities as considered reasonably appropriate for a similar number persons related by blood, marriage, adoption, or guardianship.
(mm) “Farming or farm use.” The use of land for raising and harvesting crops or for the feeding, breeding and management of livestock or for dairying or any other agricultural or horticultural use including raising and harvesting timber and timber products or tree farming or any combination thereof and includes the preparation of the products raised therein for man’s use and disposal by marketing or otherwise. It includes the construction and use of dwellings and other buildings customarily provided in conjunction with the farm use.
(nn) “Fence.” A structure which permanently or temporarily serves as a barrier to restrict travel between properties or portions of properties or between street or public right-of-way and a property.
(oo) “Floor area.”
(1) The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls, or from the centerline of common walls separating buildings. For purposes of determining parking and loading space requirements for the several zoning districts herein, the “floor area” of a building or buildings shall include: basement space, penthouses, attic space providing structural headroom of seven and one-half feet or more, interior balconies and mezzanines, enclosed porches, accessory uses other than accessory off-street parking, lobbies and hallways. For determination of parking and loading space requirements, the following areas shall not be included: cellar space, elevator shafts and stairwells, floor space for mechanical equipment as necessary to service the needs of the building, uncovered steps, terraces, breezeways, open spaces unroofed unless specifically required in the parking regulations herein, and fitting and dressing rooms.
(2) For the purpose of determining minimum floor area as applied to a dwelling unit, floor area shall mean the habitable living area of the dwelling as measured by exterior dimensions and shall not include attached garages, unfinished basements, laundry or furnace rooms or carports. Neither are porches included unless completely enclosed and finished.
(pp) “Foundation.” Permanent base or substructure of a building that is totally or more than one-half of its clear height below the average level of the surrounding ground. It is the basic support of the building or structure.
(qq) “Garage.” A building or portion thereof used for the storage and/or service of motor vehicles. Specifically:
(1) “Minor garage.” A detached accessory building, or portion of a main building, for the parking or temporary storage of automobiles belonging to occupants of the premises.
(2) “Community garage.” One garage, or a group of detached garages arranged in a row or surrounding a common means of access, one story in height, and used exclusively for the parking of automobiles by residents, customers or persons engaged in the conduct of establishments in the immediate vicinity of its location (including a commercial parking garage).
(rr) “Garage, private.” An accessory building, housing only motor driven vehicles, the property of and for the use of the occupants of the lot on which the private garage is located.
(ss) “Garage, public.” Any garage other than a private garage, available to the public, and which is used for storage, parking, repair, rental, greasing, washing, servicing, adjusting, or equipping of motor-driven vehicles. (Does not include marshalling yard or storage or repair of earth-moving or construction vehicles.)
(tt) “Garden apartment.” See “Dwelling” or “Dwelling unit.”
(uu) “Governing body.” The City Council of the City of Johnstown, Pennsylvania.
(vv) “Group home.” A residential living arrangement for a group of more than three disabled people not considered a family by the City of Johnstown Zoning Ordinance. The said residents, who either by choice, referral, and/or governmental policy cannot live independently by themselves, requiring a setting of supportive living arrangements, assistance, monitoring, or supervision related to their individual situations. Residents, not typically required by law to be actively receiving therapy and counseling services, can receive either by available staff members or independently of the group home.
(ww) “Habitable living area.” The floor area of a building or structure which is furnished to the extent that it is customarily occupied by residents or users of the buildings or structure.
(xx) “Halfway house.” A temporary residential living arrangement for more than three persons not considered a family by the City of Johnstown Zoning Ordinance living in a structured, supervised setting and in need of supportive living arrangements in order to readjust to non-institutionalized living. Persons living in halfway house must be actively receiving therapy and counseling services from support staff which is present when residents are present. Residency at a halfway house is generally limited to a specified number of weeks or months.
(yy) “Health Authority.” The State Department of Health or the Health Inspector of the City of Johnstown.
(zz) “Hearing.” An administrative proceeding conducted by a board pursuant to Section 909.1 of the Pennsylvania Municipal Planning Code.
(aaa) “Home based occupation - general information.”
(1) All home based occupations shall submit a description of the business for review by the Building Code Official to determine if a Zoning Hearing Board application is required.
(2) In any case where the business operator is different from the property owner, the approval of the property owner shall be provided in writing to either the Building Code Official or the Zoning Hearing Board.
(bbb) “Home based occupation - major impact.” An occupation meeting all of the following:
(1) It is conducted in a dwelling unit;
(2) It is clearly incidental, accessory and subordinate to the dwelling unit’s residential use;
(3) It does not meet one or more of the components of the definition of a “Home occupation - minor impact.”
(ccc) “Home based occupation - minor impact.” An occupation meeting all of the following:
(1) It is clearly incidental, accessory and subordinate to the dwelling unit’s residential use;
(2) It is conducted entirely within the existing dwelling unit with no expansion in height or footprint;
(3) It ships or receives goods, materials, supplies, and items of every kind to/from the dwelling via a passenger vehicle owned by a resident of the dwelling unit or a parcel courier making deliveries or pick-ups no more than once per day;
(4) Employs only residents of the dwelling unit in which it is located;
(5) It requires the use of equipment or appliances customarily associated with residential and office uses;
(6) It requires no customers to visit the dwelling unit for business purposes;
(7) It places no evidence of the non-residential use of the dwelling other than one non-illuminated sign no larger than 216 square inches;
(8) It conducts no retail sales directly to customers on premises other than by telephone or internet;
(9) It requires the use of less than 25% of the ground floor area of the principal residential unit (excluding garages) in which it is located for business purposes including storage;
(10) It has no exterior displays of goods which is visible from a public right-of-way;
(11) It requires no outside and/or unenclosed storage of goods or materials;
(12) It is not characterized as a kennel, clinic, restaurant, hospital, vehicle repair, funeral home, drinking establishment or sexually oriented business;
(13) It creates the need for no additional off-street parking other than what is typically required for residential units; and
(14) It creates no noise, vibration, glare, fumes, audio/visual and/or electrical interference, and odors.
(ddd) “Hospital.” Includes sanitarium, sanatorium, preventorium, clinic, rest home, nursing home, convalescent home, and any place for the diagnosis, treatment or other care of human ailments, and shall be deemed to be limited to such places.
(eee) “Hotel.” A commercial establishment offering transient lodging accommodations on a daily rate to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities primarily for the usage of lodgers.
(fff) (Reserved)
(ggg) “Institutional house.” A public or private organized establishment in which children, elderly, or adults may receive services in order to maintain daily routines. Services may or may not include medical or educational services. The classification shall not include: daycare facilities, nursery schools, or penal or reformatory institutions.
(hhh) “Junk yard.” An area set aside for the accumulation of abandoned vehicles, appliances, or other used or scrap materials for the express purpose of resale.
(iii) “Land use ordinance.” Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI, and VII of the Pennsylvania Municipalities Planning Code.
(jjj) “Landscaping.” To improve, arrange, ornament, or modify the effects of natural scenery over a tract of land through development and decorative planting of gardens and grounds.
(kkk) “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 is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
(lll) “Livestock.” Any animal such as cattle, pigs, horses, chickens, etc. or any animal to be deemed farm like other than common domesticated animals such as dogs, cats, and domesticated birds, and the like.
(mmm) “Loading space.” A space within the main building or on the same lot therewith providing for the standing, loading, or unloading of vehicles.
(nnn) “Lodger.” A transient renter living in a housing unit occupied by the owner or tenant of the unit, whose meals may be included in the rent.
(ooo) “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.
(ppp) “Lot area.” Total horizontal area included within lot lines excluding space within any street or right-of-way, but including the area of any easement.
(qqq) “Lot, corner.” A lot at the junction of two or more intersecting streets and having frontage on two or more such streets.
(rrr) “Lot, depth of.” The mean horizontal distance between the front line and the rear lot line, measured midway between the side lot lines.
(sss) “Lot, interior.” A lot other than a corner lot or a through lot.
(ttt) “Lot, recorded.” Any lot which individually, or a part of a subdivision, has been recorded in the Office of the County Recorder of Deeds.
(uuu) “Lot, through.” A lot having frontage on two parallel or approximately parallel streets and which is not a corner lot.
(vvv) “Lot width.” The dimension of a lot, measured between the side lot lines on the building line.
(www) “Lot line, front.” In the case of an interior lot, the line separating the lot from the street. In case of a corner lot, the line separating the narrowest frontage of the lot from the street.
(xxx) “Major excavating, grading or filling.” Any operation, other than in connection with a foundation for a structure, involving:
(1) Strip or other mining of coal or other minerals, excavation of sand or rock and the crushing of rock, sanitary and other frills, drilling for oil or gas, recovery of metal or natural resources and similar operations;
(2) Material alteration of the ground surface so as to affect streets, recreation sites and other public facilities, or so as to physically affect private property within 1,000 feet of the operation;
(3) A volume of earth movement exceeding 16,000 cubic yards; or
(4) A change in ground elevation exceeding 20 feet.
(yyy) “Mediation.” A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
(zzz) “Membership club.” A chartered, non-profit organization, the primary purpose of which is the advancement of its members or of the community in educational, fraternal, cultural or civic pursuits and activities.
(aaaa) “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.
(bbbb) “Mobile home lot.” A parcel of land in a mobile home park for the placement of a single mobile home and the exclusive use of its occupants.
(cccc) “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. The property may be owned by an individual, a firm, trust, partnership, public or private association or corporation. Recreational vehicles shall not be included.
(dddd) “Modular home.” A single-family dwelling designed for transportation after fabrication in one or more units, and arriving at a site where it is assembled on a permanent foundation and connected to utilities.
(eeee) “Motel.” A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile/truck travelers, having a parking space adjacent to a sleeping room or beneath the building, and with at least 25% of all rooms having direct access to the outside without having to pass through a/the lobby.
(ffff) “Municipality.” The City of Johnstown, Pennsylvania.
(gggg) “Multi-use residential dwelling unit.” Any building or structure designed or altered to be occupied by retail or commercial space on the ground floor with residential living quarters on any number of floors above. Each separate dwelling unit shall include exclusive sleeping, cooking, eating, and sanitation facilities.
(hhhh) “Municipal or public building.” Any building or structure erected, altered, and/or occupied by a governmental or public agency or organization providing services and facilities for the general public.
(iiii) “Municipal Engineer.” A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a Municipality, planning agency, or joint planning commission.
(jjjj) “Nonconforming 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.
(kkkk) “Nonconforming structure.” 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 or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
(llll) “Nonconforming 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 such ordinance or amendment to its location by reason of annexation.
(mmmm) “Nursery school.” A premise other than the child’s own home which shall provide daytime care or instruction to two or more children of preschool age.
(nnnn) “Official Map.” A map adopted by ordinance pursuant to Article IV of the PA Municipalities Planning Code.
(oooo) “Office structure.” A structure designed and used only for office and administrative activities and shall not include those activities of a commercial nature.
(pppp) “Park street.” A private way, which affords principal means of access to individual mobile home lots or auxiliary buildings.
(qqqq) “Parking area.” An open space, other than a street or alley, used exclusively for the parking of automobiles. Specifically:
(1) “Minor parking area” means a parking area which is an accessory use on the same zoning lot.
(2) “Community parking area” means a parking area used exclusively by the residents, customers or persons engaged in the conduct of establishments in the immediate vicinity of its location (including a commercial parking garage).
(rrrr) “Parking lot.” Any lot, parcel or yard used in whole or in part for the storage or parking of two or more vehicles where such usage is not incidental to or in conjunction with a one-family or two-family dwelling.
(ssss) “Parking space.” An off-street space available for the parking of one motor vehicle and having an area of not less than 180 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley.
(tttt) “Planned residential development.” An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, 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 a municipal zoning ordinance.
(uuuu) “Planning agency.” The Planning Commission of the City of Johnstown.
(vvvv) “Plat.” The map or plan of a subdivision or land development, whether preliminary or final.
(wwww) “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; and
(3) Publicly owned or operated scenic and historic sites.
(xxxx) “Public hearing.” A formal meeting held pursuant to public notice by the governing body, or planning agency, intended to inform and obtain public comment, prior to taking action.
(yyyy) “Public meeting.” A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 5086 84), known as the “Sunshine Act.”
(zzzz) “Public notice.” Notice published once each week for two successive weeks in a newspaper of general circulation in the Municipality. 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.
(aaaaa) “Recreation vehicle.” A vehicle of any size which is designed as a temporary dwelling for travel, recreational and vacation uses, and which is self-propelled or is designed to be towed or carried by another vehicle.
(bbbbb) “Report.” Any letter, review, memorandum, compilation or similar writing made by any 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 there from. 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.
(ccccc) “Self-service laundry.” A business that provides home-type washing, drying or ironing machines, or dry-cleaning machines for hire to be used by customers on the premises.
(ddddd) “Service building.” A structure housing toilet, lavatory and such other facilities as may be required by this chapter.
(eeeee) “Service station.” A building(s), premises or portions thereof which are used, arranged, designed, or intended to be used for the retail sale of gasoline, or other fuel for motor vehicles, boats, or aircraft as well as for minor automobile repair, including state inspection.
(fffff) “Sign.” Any fabricated display structure including its supports, consisting of any letter, figure, character, marquee advertising, design, picture, trademark, reading material, or illuminated device which is constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, or merchandise displayed in any manner for recognized advertising purposes, except traffic signs or devices, which include:
(1) “Sign, bulletin board.” A freestanding changeable message board used to announce onsite activities.
(2) “Sign, off-site.” A sign, also known as a billboard, displaying information, advertising, or otherwise directing public attention to a business, commodity, service, industry, product, profession, or similar related concept of endeavor conducted for public use or consumption, whether for profit or not for profit, that is not located and/or offered on the premises where the sign is erected and/or displayed.
(3) “Sign, on-site.” A sign for displaying information, advertising, or otherwise directing public attention to a business, commodity, service, industry, product, profession, or other similar related concept of endeavor conducted for public use or consumption, whether for profit or not for profit, that is located on, or offered and performed on, the premises where the sign is erected.
(4) “Sign, pole.” A freestanding sign that is supported by one or more column(s) or other structural member(s) that is/are permanently attached to the ground or a ground-mounded structure which provides the minimum vertical clearance between any part of the sign and the finished grade.
(5) “Sign, portable.” A sign that is not permanently affixed to the ground and/or a building.
(6) “Sign, projecting.” A sign that is affixed to a building or wall in such a manner that its leading edge extends horizontally more than 12 inches beyond the surface of such building or wall supporting the sign and is perpendicular to such building or wall.
(hhhhh) “Story.” That 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, then the space between the floor and the ceiling next above it.
(iiiii) “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.
(jjjjj) “Structure.” Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
(kkkkk) “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: Provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
(lllll) “Surface mining.” Any extraction of any mineral which involves removal of the surface of the earth or exposure of the mineral or substance of the earth to wind, rain or sun or other elements of nature for sale or commercial purposes.
(mmmmm) “Tourist home.” An establishment in a private dwelling that supplies temporary accommodations to overnight guests for a fee.
(nnnnn) “Townhouse.” Single-family attached dwelling unit with walls, each dwelling unit is a complete entity with its own utility connections.
(ooooo) “Transcript.” A formal transcript of a meeting generated by a contracted third party. Copies of such documents shall be sought from the original source.
(ppppp) “Travel trailer.” Any trailer usually drawn by a passenger automobile, used for occasional transport of personal effects.
(qqqqq) “Use.” The specific purpose for which land or building is designed, arranged, intended, or for which it may be occupied or maintained. The term “permitted use” or its equivalent shall not be deemed to include any nonconforming use.
(rrrrr) “Unit group building.” Two or more main buildings grouped upon a single zoning lot, such as a shopping center, school, church, hospital, institutional or industrial plant.
(sssss) “Variance.” Permission granted by the Zoning Hearing Board, following a hearing that has been properly advertised for a zoning adjustment.
(ttttt) “Water survey.” An inventory of the source, quantity, yield and use of groundwater and surface-water resources within a Municipality.
(uuuuu) “Yard.” A space on the same lot with a principal building, open, unoccupied, and unobstructed by structures, except as otherwise provided in this chapter.
(vvvvv) “Yard, front.” A space extending across the full width of the lot between any permitted building or structure and the front lot line, and measured perpendicular to the building/structure at the closest point to the front lot line.
(wwwww) “Yard, rear.” A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied by other than accessory buildings and steps, walls terraces, driveways, lampposts, and similar structures the depth of which is the least distance between the rear lot line and the rear of such building.
(xxxxx) “Yard, side.” A yard between the principal building and the side lot line extending from the front yard, or from the front lot line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally and at 90 degrees with the side lot line, from the nearest part of the principal building.
(yyyyyy) “Building Code Official” The administrative officer appointed by elected officials of the City to administer this chapter in accordance to its literal terms and requires the officer to identify and register nonconforming uses and structures, receive applications, inspect premises, and issue permits. Any disagreement with the Building Code Official’s literal interpretation can be settled judicially through the appeals process. The Zoning Administrator may also be referred to as the Building Code Official.
(zzzzz) “Zoning approval.” A statement issued by and signed by the Building Code Official authorizing the use or construction of a structure and indicating on its face that the proposed use or structure complies with this chapter or with a decision and order of the Zoning Hearing Board or a court of competent jurisdiction rendered in connection with an application relative to use of the premises involved. No approval shall be issued for any use or construction unless the applicant shall submit written proof that the designated authorities have granted approval of required sanitary sewage and water facilities.
(aaaaaa) “Zoning Hearing Board.” A multiple member board, appointed by elected officials of the City, to hear and render final adjudications under its jurisdiction as stipulated in the Pennsylvania Municipalities Planning Code, Section 909.1(a)(1) to (9).
(Ord. 5139. Passed 11-27-13; Ord. 5191. Passed 12-9-15.)