For the purpose of this Chapter, the following words and phrases shall have the meaning as given in this Part:
ABANDON - to give up or cease the active use or occupancy of a building, structure or land.
ACCESSORY BUILDING OR STRUCTURE - a building or structure subordinate to the principal use on the same lot and used for purposes customarily incidental to the principal use.
ACCESSORY USE - a use or activity customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
ALLEY - a right-of-way privately or publicly-owned primarily for service access to the back or side of properties.
ALTERATION - as applied to buildings, structures or signs, means a change, rearrangement, renovation, relocation or enlargement in the structural parts or exterior, or any modification which would change its use classification.
ANIMAL KENNEL - any structure or premises in which animals are kept, boarded, bred, groomed or trained. [Ord. 560]
APPLICANT - a landowner or developer, as hereinafter defined, who has filed an application for development, subdivision, zoning change or permit or any other form of permit or permission required under this Chapter.
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. 553]
AREA - the extent of surface contained within the boundaries or extremities of land or building.
AVERAGE GROSS RESIDENTIAL DENSITY - the number of dwelling units per acre, computed by dividing the number of dwelling units which the applicant proposes to construct by the number of acres in the development which are planned to be devoted to residential and open space uses.
BOARD - any body granted jurisdiction under a land use ordinance or under this Chapter to render final adjudications.
BUILDING - anything enclosed within exterior walls or fire walls; built, erected and framed of component structural parts, designed for the housing, shelter, enclosure or support of individuals, animals or property, of any kind.
A. Detached - A building which has no party wall.
B. Semi-detached - A building which has only one party wall.
C. Attached - A building which has two or more party walls.
BUILDING SETBACK LINE (BSL) - a line parallel to, and set back from, the street right-of-way a distance equal to the depth of the front yard requirement for the district in which the lot is located.
CHANGE OF USE - an alteration of a building, structure or land by change of use, theretofore existing, to a new use group which imposes other special provisions of law governing building construction, equipment, exits or zoning regulations.
COMMON OPEN SPACE - a parcel or parcels of land or an area of water, or a combination of land and water within a development, designed or intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, required setback areas and areas set aside for public facilities Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for recreational use by the residents.
COMPREHENSIVE PLAN - the adopted Comprehensive Plan of the Borough of Marysville consisting of maps, charts and textual matter; addressing community development objectives, plans of land use, transportation, community facilities and other areas of community concern.
CONDITIONAL USE - a use permitted in a particular zoning district by the Borough Council pursuant to the provisions of this Chapter and Article VI of the Pennsylvania Municipalities Planning Code. [Ord. 553]
CONVERSION APARTMENT - the remodeling or alteration of any building to provide for more dwelling units than were originally intended.
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.
DETERMINATION - 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 Borough Council.
B. The Zoning Hearing Board.
C. The planning agency, only if and to the extent the planning agency is charged with final decision or preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter 22] or planned residential development provisions.
Determinations shall be appealable only to the boards designated has having jurisdiction for such appeal. [Ord. 553]
DEVELOPER - any landowner, agent or such landowner or tenant with the written permission of such landowner, who makes or causes to be made an application for approval of a development plan.
DEVELOPMENT PLAN - a proposal for the development of a planned residential development, prepared in accordance with this Chapter, including a plat of subdivision, location of various uses, all covenants relating to use, location and bulk of buildings and other structures, intensity of use of density of development, streets, ways and parking facilities. The phrase “provisions of the development plan” when used in this Chapter shall mean both the written and graphic materials referred to in this definition.
DRIVEWAY - a surface other than a street or road which provides vehicular access from a land use to a street or road.
DWELLING - a building or portion thereof designed for and used exclusively for residential occupancy, but not including group quarters, hotels, motels or other structures used for transient residences.
A. Single-Family Detached - a building designed and built to contain one dwelling unit and having no party wall in common with any other unit.
B. Single-Family Semi-Detached - a building designed and built to contain two dwelling units arranged side by side to each other and separated by one party wall.
C. Single-Family Attached - a building designed and built to contain three or more dwelling units arranged side by side and separated from each other by two party walls except for the two end dwelling units.
D. Two-Family Detached - a building designed and built to contain two dwelling units, one above the other, and which has no party wall in common with another dwelling unit.
E. Two-Family Semi-Detached - a building designed and built to contain four dwelling units, consisting of two sets of dwelling units, each with one dwelling unit above another, arranged side by side and separated by a party wall.
F. Garden Apartments - a building designed and built to contain three or more dwelling units, arranged above and/or adjacent to one another, and which is no more than three stories in height.
G. Mid-Rise Apartments - a building designed and built to contain several dwelling units, arranged above and/or adjacent to one another, and which is at least four but not more than eight stories in height.
H. Group Dwelling - any building or portion thereof which is designed or used as living quarters for five or more persons unrelated to each other or the family occupying the dwelling unit. Group quarters shall include, but not be limited to, lodging and boarding houses, nursing homes, and homes for the aged.
I. Elderly Housing - any building designed or used as separate living quarters with a maximum of two bedrooms predominantly 90% of occupants for senior citizens or elderly inhabitants 55 years of age or older.
DWELLING UNIT (DU) - one or more rooms designed and used for residential occupancy, having cooking and sanitary facilities and access directly from the outdoors through a common entrance hall.
FAMILY - an individual, or two or more persons related by blood, marriage or adoption, or a group of not more than four unrelated individuals living and cooking together in a single housekeeping unit.
FENCE - any freestanding contiguous linear system consisting of wood (whether sawn, split, milled or otherwise), glass, metal, plastic, wire, wire mesh or masonry, singly or in combination with other materials, erected to secure or divide one property from another or part of the property from the remaining part, to assure privacy, to protect the property so defined, to mark the property line or to enclose all or part of the property. For the purpose of this Chapter, a masonry wall and a stacked firewood pile shall be considered to be a fence. [Ord. 485]
FORESTRY - the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. [Ord. 553]
GARAGE (PRIVATE) - an accessory building used for the storage of motor vehicles owned and operated by the owner or occupants of the principal building.
GARBAGE - putrescible wastes, except sewage and body waste, including animal and vegetable offal. [Ord. 560]
GREENHOUSE - a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. [Ord. 560]
HABITABLE FLOOR AREA - the aggregate of the horizontal areas of all rooms used for habitation, such as living rooms, dining rooms, kitchens and bedrooms. Habitable floor area shall not include bathrooms, closets or unheated areas such as enclosed porches, or rooms without at least one window or skylight opening onto an outside yard or court. Further, in order for any room to have its square footage included in the cumulative habitable floor area of the structure, at least one-half of its floor area shall have a ceiling height of not less than 7 feet. The floor area of that part of any room where the ceiling height is less than 5 feet shall not be considered as part of the habitable floor area.
HEARING - an administrative proceeding conducted by a board pursuant to §909.1 of the Municipalities Planning Code.
HEIGHT - the vertical distance measured from the average elevation of the finished grade at the two front corners of the building to the highest point of the roof. Chimneys, spires and other similar projections shall not be used in calculating the heights of a building.
HOME OCCUPATION - any activity carried out for profit or gain by a resident conducted as an accessory use in the resident’s dwelling unit or building accessory thereto situated within a residential or conservation district. [Ord. 551]
IMPERVIOUS SURFACES - those surfaces which do not permit the natural absorption of precipitation. Such surfaces may include, but are not limited to, coverage of buildings, structures, parking areas, driveways, streets, sidewalks and other areas of concrete or asphalt.
LAND DEVELOPMENT - any of the following activities:
A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. A subdivision of land.
LANDOWNER - the legal or beneficial owner or owners of land, the holder of an option or contract to purchase (whether or not such an 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 the land.
LANDSCAPE PLANTING - a planting of vegetative materials including trees, shrubs, ground covers and the like.
LAND USE ORDINANCE - any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI, and VII, of the Municipalities Planning Code.
LOT - a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA - the area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street or right-of-way, but including the area of any easement.
LOT COVERAGE - that percentage of the area of a site occupied by impervious surfaces.
MOBILE HOME - a transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT - a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home. [Ord. 553]
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.
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.” [Ord. 553]
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.
NO-IMPACT HOME-BASED BUSINESS - a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
E. The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
F. The business activity must not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
H. The business may not involve any illegal activity.
[Ord. 553]
NONCONFORMING - as applied to buildings, structures, or the use of land, any such entity legally existing at the time of enactment of this Chapter, or subsequent applicable amendments thereof, which do not conform to the regulations of the district in which it is situate, and which did not violate any ordinance at the time of its construction.
NONCONFORMING LOT - a lot the area or dimension of which was unlawful prior to the adoption or amendments of this Chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE - a structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this Chapter or amendment or prior to the application of this Chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs. [Ord. 553]
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 such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NURSERY - any lot or parcel of land used to cultivate, propagate and grow trees, shrubs, vines and other plants, including the buildings, structures and equipment customarily incidental and accessory to the primary use. [Ord. 560]
PARKING SPACE - a reasonably level and stable space, available for the parking of one motor vehicle.
PARTY WALL - a common vertical wall between adjacent residential dwelling units.
PASSIVE RECREATION - activities that involve relatively inactive or less energetic activities such as walking, sitting, picnicking, card games, chess, checkers and similar table games. [Ord. 560]
PLANNED RESIDENTIAL DEVELOPMENT (PRD) - a contiguous 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 may 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 residential district created from time to time, under the district provisions of this Chapter. [Ord. 553]
PLANNING COMMISSION - the Marysville Borough Planning Commission.
PLAT - a map or plan of a subdivision or land development, whether preliminary or final.
PRIMITIVE CAMPGROUND - a portion of land used for the purpose of providing a space or spaces for tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of the space. [Ord. 560]
PROFESSIONAL OFFICE - for the purposes of this Chapter the term “professional office” shall mean an office occupied by, or intended for occupancy by, a physician, dentist, attorney, engineer, architect or accountant.
PROPERTY LINE - a recorded boundary of a plot. Any property line which abuts a street or other public way shall be measured from the edge of the right-of-way.
PUBLIC GROUNDS - includes:
A. Parks, playgrounds, trails, paths and other recreational areas and other public areas;
B. Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and,
C. Publicly owned or operated scenic and historic sites.
[Ord. 553]
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. 553]
PUBLIC MEETING - a forum held pursuant to notice under the Act of June 3, 1986 (P.L. 388, No. 84), known as the “Sunshine Act,” 53 P.S. §271 et seq. [Ord. 553]
PUBLIC NOTICE - notice published once each week for 2 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 7 days from the date of the hearing.
PUBLIC POOL - any pool, other than a residential pool, which is used, or intended to be used, for swimming, bathing or wading, and is operated by an owner, lessee, operator, licensee, or concessionaire, regardless of whether a fee is charged for use.
PUBLIC UTILITY FACILITY - a structure and its equipment, where necessary for the transmission and exchange of cable television, telephone, gas, power, sewer, or water facilities, or for the pick-up and/or discharge of passengers from a public transportation vehicle.
RECREATION AREAS, PUBLIC - a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities. Public recreation areas are those owned and operated by a unit of local government. [Ord. 560]
RECREATION AREAS, PRIVATE - a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities. Private recreation areas are those owned and operated by a nonprofit organization, and open only to bona fide members and their guests. [Ord. 560]
RECREATION AREAS, COMMERCIAL - a place designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreation activities. Commercial recreation areas are those operated as a business and open to the public for a fee. [Ord. 560]
RECREATION VEHICLE - a vehicular, portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation, and other short term uses, having a body width and length not exceeding 8 feet and 40 feet, respectively.
REFUSE - nonputrescible wastes generally regarded and classified as rubbish, trash, junk and similar designations which have been rejected by the owner or possessor as useless or worthless. [Ord. 560]
REPORT - any letter review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient: of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
RESIDENTIAL POOL - any pool, portable or permanent, which is used or intended to be used non-commercially for swimming, bathing, or wading, over 24 inches in depth and (1) has a surface area of 250 square feet or more, or (2) a volume of 3,300 gallons or more.
RIGHT-OF-WAY (ROW) - the total width of any land reserved or dedicated as a street, alley, crosswalk or other public or semi-public purpose and which may include curbs, lawn strips or sidewalks, lighting and drainage facilities, or similar facilities or improvements.
SALVAGE YARD - any:
A. Establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling salvage. The term shall not include a scrap metal processing facility.
B. Any tract or lot adjacent to a manufacturing or processing business where salvage is stored on an interim basis pending the final disposition of the same in the normal operation of such business.
C. Lots maintained by a dealer (as defined by the State Vehicle Code).
D. Salvage, all of which is stored or accumulated inside a wholly self-enclosed building or other structure. (See § 27-1108 of this Chapter.)
SECTION - a geographical area or tract which is part of a proposed planned residential development which will be developed according to a timetable for development over a period of years included by the applicant in the development plan.
SIGN - any writing (including letter, word, or numeral); pictorial representation (including illustration or decoration); emblem (including device, symbol or trademark); flag (including banner or pennant); or any other device of a similar character which
A. Is a structure or any part thereof, or is attached to, painted on, or in any other manner represented on a building or other structure.
B. Is used to announce, direct attention to or advertise.
C. Is visible outdoors.
The term “sign” shall include, but not necessarily be limited to: (a) billboard; (b) combination sign; (c) facia sign; (d) flashing or moving sign; (e) free-standing sign; (f) roof sign; (g) suspended sign; (h) temporary sign; and (i) wall sign.
(1) Billboard. Any bulletin board or other sign of a permanent or semi- permanent kind used or intended to be used for the display thereon of advertising material pasted, glued, fastened, painted or otherwise affixed thereto by means permitting its ready removal or replacement.
(2) Combination Sign. Any sign which combines the characteristics of two or more types of signs whether herein particularly defined or not.
(3) Display Surface. The entire area within the shortest continuous rectangular perimeter which will enclose the whole of the part or parts of the sign used or intended to be used for display purposes, such as lettering, insignias, emblems and frame which is directly pertinent to the sign, as measured from any one face.
(4) Facia Sign. Any sign attached to or erected against a fence or wall, whether forming part of a building, or not, which fronts on a street and having the exposed face thereof in a plane approximately parallel to the plane of such wall or fence.
(5) Flashing or Moving Sign. Any artificially illuminated sign in which any part so illuminated is illuminated intermittently while the sign is in operation or in which a part so illuminated moves or is intended to move.
(6) Free Standing Sign. Any sign supported independently of a building or other structure and having its own supports, regardless of whether or not it is attached permanently to the ground.
(7) Roof Sign. Any sign erected upon or above the roof or parapet of a building.
(8) Sign Structure. All supports, cables, devices and structures of whatsoever kind of description used or intended to be used for the purpose of supporting, affixing, or maintaining any sign in the place on or from which the same is displayed.
(9) Suspended Sign. Any sign suspended from a canopy, marquee or other building projection.
(10) Temporary Sign. Any sign displayed, used or intended to be displayed or used for a period of time not longer than 120 days.
(11) Wall Sign. Any sign painted, plastered or otherwise affixed or inscribed directly to or upon any wall or other integral part of any building or upon any wall not being a part of a building, or to or upon any other structure without, in each case, the use of independent supports or frames thereof.
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. [Ord. 553]
STAGE - a section or sections of which an applicant proposes to commence development at the same time, as part of a timetable for development of a planned residential development over a period of years.
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. 553]
STRUCTURE - any manmade object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SUBDIVISION - the division or re-division 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 of 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 of any residential dwelling, shall be exempted.
SUBSTANTIALLY COMPLETED - where, in the judgment of the municipal engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 27-510) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
TENT - a portable lodging unit usually made of skins, canvas, plastic or strong cloth stretched and usually sustained by poles, and dependent upon separate toilet and lavatory facilities. [Ord. 560]
VARIANCE - relief granted pursuant to the provisions of Article Section 910.2 of the Municipalities Planning Code.
WATER SUPPLY - a source of water, and water treatment, storage, transmission and distribution facilities. [Ord. 560]
WATER SURVEY - an inventory of the source, quantity, yield and use of ground water and surface-water resources within a municipality.
WILDLIFE PROPAGATION - raising of nondomestic wildlife. [Ord. 560]
YARD - an unoccupied space on the same lot with a building or structure.
A. Front Yard - A yard extending the full width of the lot and located between the street right-of-way line and the building setback line. In the case of a lot that fronts two or more streets, the front yard shall be considered that side which has the most street frontage. In the case of a lot that fronts on two or more streets, and no side has more street frontage than any other side, the front yard will be considered that side which contains the principal access to the lot and any structure thereon or planned to be constructed thereon.
B. Side Yard - A yard located between a side lot line and the side yard building setback line of a building or structure extending from the front yard to the rear yard.
C. Rear Yard - A yard located between a rear lot line and the rear yard building setback line of a structure and extending the full width of the lot.
YARD, (OR GARAGE) SALE - the sale at retail of personal property, owned by a resident of the premises where the sale takes place. Said sale of property shall take place only within a yard or garage or carport. No such sale shall exceed 48 hours in any 1 week period.
ZONING HEARING BOARD - the Marysville Borough Zoning Hearing Board created and functioning in accordance with Article IX of the Pennsylvania Municipalities Planning Code.
ZONING OFFICER - that individual appointed by Borough Council to administer the provisions of this Chapter.
ZONING PERMIT - a statement signed by the Zoning Officer indicating an application for permission to construct, alter or erect a building, structure or to use land is approved and in accordance with the provisions of this Chapter.
(Ord. 462, 8/14/1995, §201; as amended by Ord. 485, 6/8/1998, §1; by Ord. 551, 4/12/2004; by Ord. 553, 5/10/2004, §1; and by Ord. 560, 6/13/2005)