As used in this Zoning Code, unless otherwise expressly stated:
(1) "Abutting owner" means the owner of record of a parcel of land which is contiguous at any point to the parcel in question or is separated from a contiguous point by a right of way, alley or easement.
(Ord. 922. Passed 11-10-97.)
(2) "Accessory building" shall mean a subordinate building located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building.
(Ord. 979. Passed 5-9-05; Ord. 989. Passed 5-9-05.)
(3) "Accessory building, conforming" shall mean any accessory building that meets the required setbacks for accessory buildings in the zoning district in which it is located.
(Ord. 1001. Passed 5-8-06.)
(4) "Accessory building, non-conforming" shall mean an accessory building that is noncompliant with the required setbacks for accessory buildings in the zoning district in which it is located.
(Ord. 1001. Passed 5-8-06.)
(5) "Accessory use" means a use subordinate to the principal use of land or of a building on the same lot and customarily incidential thereto. (See Section 1264.09)
(6) "Act" means the Pennsylvania Municipalities Planning Code (MPC) of July 31, 1968, 53 P.S. 10101 et seq. (Act 247), as amended.
(7) "All weather surface" means a surface composed of gravel, stone, macadam or other approved pervious material, with a sufficient depth to permit vehicular traffic in extremely inclement weather.
(8) "Alteration" means any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls.
(Ord. 774. Passed 8-23-76.)
(9) "Amateur (ham) radio operator" means a person licensed by the Federal Communications Commission (FCC) under Part 97 of the Federal Telecommunications Act.
(10) "Antenna" means a device, including a panel, microwave dish and single pole known as a "whip," which is used to collect and/or transmit wireless communications or radio signals. For purposes of this chapter, a device commonly known as a satellite dish is not an antenna, nor is a device commonly known as a television antenna or television aerial.
(11) "Antenna support structure" means any pole, telescoping mast, tower, tripod, lattice construction steel structure, or any other structure that supports an antenna or has an antenna attached to it, but not including a structure, such as a building, telephone pole or water tower, whose primary purpose is other than to support an antenna.
(12) "Antenna support structure height" means the vertical distance measured from the base of an antenna support structure at grade to the highest point of the structure, including any antenna or antennas affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna support structure height.
(Ord. 919. Passed 7-14-97.)
(13) "Apartment" means any room or suite of two or more rooms that is or are occupied as a home for one or more persons and arranged or equipped for cooking meals.
(14) "Articulation" shall mean the visible expression of architectural or landscape elements through form, structure or materials that break up the scale of buildings and spaces to achieve human scale.
(Ord. 1056. Passed 11-12-13.)
(15) "Athletic recreational use" means a recreational use of a building or premise such as a public or private playground, a tennis court, a swimming pool or a gymnasium, where the same is not operated for profit or for commercial purposes.
(16) "Base" shall mean the ground floor of a building which is distinct from the upper floors.
(Ord. 1056. Passed 11-12-13.)
(17) "Bed and Breakfast" is an incidental use within a dwelling that provides overnight accommodation and may provide a single morning meal and afternoon tea for a limited number of transient guests for compensation.
(Ord. 968. Passed 1-13-03.)
(18) "Berm" means an earth mound covered by an all-season ground cover.
(19) "Block" means the length of both sides of a street between intersecting streets characterized by a distinct set of house numbers. Each block shall have odd and/or even numbers between 1 and 99, 100 to 199, 200 to 299, 300 to 399, 400 to 499, 500 to 599, 600 to 699, 700 to 799, 800 to 899, 900 to 999, or 1000 to 1099.
(Ord. 968. Passed 1-13-03.)
(20) "Body" shall mean one or more architecturally similar stories that are distinct from the base.
(Ord. 1056. Passed 11-12-13.)
(21) "Build-to line" means a line extending through the lot which is generally parallel to the front property line and marks the location from which the vertical plane of the front building elevation must be erected; the build-to line is intended to create an even building façade line along a street. (Ord. 990. Passed 6-13-05.)
(22) "Building" means any structure with a roof intended for shelter or enclosure of persons or property.
(23) "Attached building" means a building that has two party walls in common with adjoining buildings. (See Drawing No. 1)
(24) "Detached building" means a building that has no party walls. (See Drawing No. 1)
(25) "Semidetached building" means a building that has only one party wall in common with an adjoining building. (See Drawing No. 1)
(26) "Building setback line" means an established line within a property defining the minimum required distance between any building to be erected and an adjacent right-of-way or street line. (Ord. 1035. Passed 5-10-10.)
(27) "Cap" shall mean the roof of a building, including a cornice or parapet, where the body of a building ends.
(Ord. 1056. Passed 11-12-13.)
(28) "Caregiver" is defined as an individual who provides a broad range of assistance for an elder or an adult with a disability.
(Ord. 1084. Passed 11-13-18.)
(29) "Carport" shall mean a roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides. (Ord. 979. Passed 5-9-05; Ord. 989. Passed 5-9-05.)
(30) "Cartway" means the width of the paved portion of a road or street from the edge of paving to the edge of paving, or from curb face to curb face.
(31) "Certificate of occupancy" means the certificate issued by the Zoning Officer that permits the use of a building in accordance with approved plans and specifications and the provisions of this Zoning Code.
(Ord. 774. Passed 8-23-76.)
(32) "Child care" means:
(a) The basic supervision, protection and guidance of a child under sixteen years of age; and
(b) A regular occupation or calling, trade or business engaged in by a person for a living or for compensation.
(Ord. 870. Passed 5-13-91.)
(33) "Coffee shop" means a coffee shop or café where sales of coffee and tea and other non- alcoholic beverages constitute the major portion of sales, regardless of whether such beverages are consumed on or off premises. A drive-through window for service is not permitted. (Ord. 990. Passed 6-13-05.)
(34) "Commercial development" is a development within the IN-C Overlay District that may include, in any combination, an inn, restaurant, college bookstore with café/coffee house or other retail space. (Ord. 990. Passed 6-13-05.)
(35) "Conditional use" means a use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district when specific conditions prescribed for such cases within this Zoning Code are present. Conditional uses are allowed or denied by Council after recommendation by the Planning Commission. (See Section 1264.11) (Ord. 774. Passed 8-23-76.)
(36) "Conversion" means the change of an existing single-family detached dwelling into a lawful two-family detached dwelling, on the same lot, and without subdivision or the introduction of a new owner. Such change, as authorized by Section 1264.08, is conditioned upon Council, at the request of the owner-occupant and upon receipt of the recommendation of the Planning Commission, issuing a conversion permit where authorized as a conditional use in the district where the property is located. Where the area and bulk regulations and the other applicable provisions of this Zoning Code permit, such conversion may be accomplished by appropriate internal alteration, or by external enlargement, upon issuance of the necessary building permit and upon issuance of a certificate of occupancy before the new family takes possession.
(37) "Corner lot" means one bounded on at least two sides by streets whose lines, when extended, form an interior angle of 135 degrees or less.
(Ord. 774. Passed 8-23-76.)
(38) "Day-care center" means a building or apartment in which child care is provided for seven or more children and where the areas intended for child care do not constitute part of a family residence.
(Ord. 870. Passed 5-13-91.)
(39) "Demolition" shall mean the razing or destruction, whether entirely or in significant part, of the exterior of a building, structure or site. Demolition includes the removal of a building or structure from its site or the removal, stripping, concealing or destruction of the facade or any significant exterior architectural features which are integral to the historic character of the resource, for whatever purpose, including new construction, reconstruction or significant renovation.
(Ord. 1056. Passed 11-12-13.)
(40) "Designated site" means a tract or parcel of land identified by Borough ordinance or resolution as being designated for the location of wireless communications facilities.
(Ord. 919. Passed 7-14-97.)
(41) "Disability" is as defined here from the Americans with Disabilities Act, "a physical or mental impairment that substantially limits one or more major life activities."
(Ord. 1084. Passed 11-13-18.)
(42) "Dwelling" means a building or portion of a building used for human habitation by a family.
(43) "Single-family dwelling" means a building designed and occupied exclusively as a residence for one family on one lot.
(44) "Two-family detached dwelling" means a building designed or converted and occupied as a residence for two families on one lot, each occupying a separate dwelling unit, and having no party wall in common with an adjoining building. (See Drawing No. 1)
(45) "Multifamily dwelling" means a building designed and occupied as a residence for more than two families on one lot.
(46) "Dwelling unit" means a room, or rooms connected together, containing independent cooking and sleeping facilities, designed and occupied as a residence for one family.
(47) "Efficiency dwelling unit" means a dwelling unit with common sleeping and living areas and independent cooking facilities.
(Ord. 774. Passed 8-23-76.)
(48) "Efficiency kitchen" is defined as a small cooking area with a sink, refrigerator and other countertop cooking appliances but without built-in facilities for cooking and baking.
(Ord. 1084. Passed 11-13-18.)
(49) "Elder" is defined as a person age 65 or older.
(Ord. 1084. Passed 11-13-18.)
(50) "Facade" means the longest structural wall closest to and parallel to the street, excluding architectural features such as porches and bays.
(Ord. 926. Passed 6-8-98.)
(51) "Family" means:
(a) A single person occupying a dwelling unit;
(b) Two or more persons related by blood or marriage occupying a dwelling unit, plus not more than two boarders, two roomers or two lodgers; or
(c) Not more than three unrelated persons occupying a dwelling unit, living together. (Ord. 774. Passed 8-23-76.)
(52) "Family/caregiver suite" is defined as not more than two rooms plus a bathroom and efficiency kitchen. The suite may only be occupied by up to two persons who may be either: related to the occupants of the main dwelling by blood, marriage, adoption or foster care; or unrelated to the occupants of the main dwelling, provided that one of the suite occupants is a caregiver for an elder or a person with a disability who is an occupant of the main dwelling.
(Ord. 1084. Passed 11-13-18.)
(53) "Family day-care home facility" means a residential building or apartment in which care is provided, at any one time, for no more than two children under the age of one year, three children under the age of two years and four children under the age of three years, for a total of four, five or six children with one care giver. This does not include homes where care givers care solely for the children who live there. (Ord. 870. Passed 5-13-91.)
(54) "Fence" means any permanent structure more than eighteen inches in height and more than forty-two inches in length, constructed of wood, brick, metal, stone or other materials, including earthen berms, but not including planted living materials. Structures commonly known as walls, except retaining walls, are specifically included in this definition. (Ord. 927. Passed 6-8-98.)
(55) "Floor area" means the sum of the gross usable area of the several floors of a building measured from the outside face of the exterior walls or from the centerlines of walls separating two buildings.
(56) "Floor area ratio" means the total allowable floor area for a given lot, divided by the net area of that lot. For example, a building containing 15,000 square feet of floor area on a given lot of 10,000 square feet of net lot area has a floor area ratio of 1.5.
(57) "Private garage" means a building that is subordinate to a main building, either attached to it or separate, and used only for storage purposes.
(58) "Gasoline service station" means a building and accompanying structures in which the sale of motor fuels constitutes twenty-five percent or more of gross income. (Ord. 774. Passed 8-23-76.)
(59) "Ground floor" shall mean the floor of a building that is at or nearest to the level of the ground around the building, other than a cellar or a basement. (Ord. 1056. Passed 11-12-13.)
(60) "Ground mounted system" shall mean a solar energy system with panels that are secured to a rack or other structure that is not mounted on a principal or accessory building. (Ord. 1092. Passed 9-13-21.)
(61) "Group home day-care facility" means a building or apartment in which child care is provided, at any one time, for no more than four children under the age of one year, six children under the age of two years and eight children under the age of three years, for a total of no more than eleven children, by at least two care givers. (Ord. 870. Passed 5-13-91.)
(62) "Hardscape" means patios, porches less than two feet above grade, parking areas, walkways, driveways, recreational courts, retaining walls, swimming pools, and constructed ponds. Materials utilized in hardscape may include but are not limited to asphalt, concrete, brick, pavers, gravel, flagstone, wood and other permanent surfacing materials. (Ord. 1072. Passed 12-21-15; Ord. 1087. Passed 10-15-19.)
(63) "Height of building" means a building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the highest roof.
(64) "Historic value" shall mean any structure that is:
A. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or
C. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified by an approved program of the Commonwealth of Pennsylvania; or
D. Historic resources indentified in the most updated version of the Borough of Swarthmore "Historic Resources Survey" (originally compiled in 2001).
(Ord. 1056. Passed 11-12-13.)
(65) "Home-based business" means a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential property and which involves no more than two customer, client and/or patient vehicular visits per hour, and/or ten vehicular visits per day, and no 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 all of the following requirements:
A. The business activity shall be compatible with the residential use of the property and with surrounding residential uses;
B. The business shall employ no more than two employees other than family members residing in the dwelling. If there is more than one business activity, then all business activities must not, in the aggregate, employ more than two employees other than immediate family members residing in the dwelling;
C. There shall be no display 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, except that a home-based business may be identified by a non-internally lighted sign not exceeding six inches by eighteen inches, stating only the name and general nature of the business. A permit for such sign shall be of limited duration and shall expire after one year;
E. The business activity may not use any equipment, materials or processes which create noise, vibration, glare, fumes, odors or electrical or electronic interference, including but not limited to interference with radio or television reception, which is detectable in the neighborhood;
F. The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood;
G. Except as allowed in the Borough's regulations concerning accessory structures, the business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area in the dwelling unit. If there is more than one business activity, then all business activities must not, in the aggregate, occupy more than 25% of the habitable floor area of the dwelling unit;
H. Employee, customer, client, or patient visits and pickup, delivery and removal functions cannot occur earlier than 7 a.m. or later than 10 p.m.;
I. No space may be rented out or otherwise allocated for use by anyone other than the owner or tenant of the premises and their employees.
(Ord. 973. Passed 12-8-03.)
(66) "Industry, heavy" means a use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in the storage of, or manufacturing processes using, flammable or explosive materials, or the storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
(67) "Industry, light" means a use engaged in the manufacture, predominately from previously prepared materials, of finished products or parts, including the processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing. "Heavy industry" is specifically excluded from this definition.
(Ord. 925. Passed 6-8-98.)
(68) "Inn" means a commercial facility primarily intended to offer transient lodging accommodations on a daily rate to the general public and which may provide additional services or amenities, such as a restaurant, meeting rooms, recreational facilities, office and retail space. (Ord. 990. Passed 6-13-05.)
(69) "Interior storage" means the storage of vehicles or materials within an enclosure of opaque material that can be secured against entry.
(Ord. 774. Passed 8-23-76.)
(70) "Land site" means a tract or parcel of land that contains a wireless communications facility, which may include other uses associated with and ancillary to wireless communications transmission.
(Ord. 919. Passed 7-14-97.)
(71) "Long-term care facility" means an institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours to two or more patients. A long-term care facility may be either a skilled nursing facility, where patients receive a minimum number of hours of nursing care daily, or an intermediate care facility, where patients receive less than the specified number of hours of nursing care daily. Long-term care facilities can provide, in addition to maintenance care, restorative services. Hospices are also examples of long-term care facilities.
(Ord. 925. Passed 6-8-98.)
(72) "Lot" means a parcel of land separately described by metes and bounds, recorded in the office of the Recorder of Deeds of Delaware County by deed description or by an approved subdivision plan.
(73) "Net lot area" means the area of land included within the title lines of a lot except that area set aside as a right of way for a street.
(74) "Lot coverage" means the area of land covered by buildings, including garages, carports, permanently covered and/or sided porches and decks and uncovered decks or porches more than an average height of two feet above grade as a ratio to the net lot area. This ratio is the complement to the open space ratio, as defined in the Swarthmore Borough Comprehensive Plan. (Ord. 774. Passed 8-23-76.)
(75) "Low-slope roof" shall mean a category of roof that generally includes weatherproof membrane types of roof systems installed on slopes at or less than 3:12 (14 degrees).
(Ord. 1056. Passed 11-12-13.)
(76) "Major arterial street" means Baltimore Pike.
(Ord. 927. Passed 6-8-98.)
(77) "Mobile home" means 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 instructions, and constructed so that it may be used without a permanent foundation.
(78) "Mobile home lot" means a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
(79) "Mobile home park" means a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
(Ord. 925. Passed 6-8-98.)
(80) "Modification" means any change in a building that involves an addition or deletion of building materials.
(81) "New construction" means the placement of any structure on an unimproved lot or an addition to an existing structure that increases lot coverage by two percent or more.
(82) "Nonconforming structure" means a structure or part of a structure that does not comply with the applicable use provisions in this Zoning Code or in amendments previously or hereafter enacted, which structure lawfully existed prior to the enactment of such Zoning Code or amendments.
(83) "Nonconforming use" means a use, whether of land or of a structure, that does not comply with the applicable use provisions in this Zoning Code or amendments previously or hereafter enacted, which use was lawfully in existence prior to the enactment of such Zoning Code or amendments. (Ord. 774. Passed 8-23-76.)
(84) "Nursery school" means a building or apartment in which child care is provided for children who have not reached the age qualifying them for kindergarten or first grade and which constitutes a school within the meaning of 24 P.S. 6702, the Private Academic Schools Act.
(Ord. 870. Passed 5-13-91.)
(85) "Off-site billboard" means a surface whereon advertising matter is set in view conspicuously and which advertising does not apply to the premises where it is displayed or posted.
(Ord. 925. Passed 6-8-98.)
(86) "Office, General" shall mean a building or portion of a building where administrative or clerical services are conducted and where duties not involving the in-person sale of services directly to the public are performed.
(Ord. 1056. Passed 11-12-13.)
(87) "Office, Professional" shall mean a building or portion of a building where a member of a recognized profession sells services to the general public. Professional offices include doctor, lawyer, engineer, architecture, and accountant offices.
(Ord. 1056. Passed 11-12-13.)
(88) "Owner" or "occupant" means a person residing within a residence to which he has legal title.
(89) "Parapet" shall mean the extension of the main walls of a building above the roof level.
(Ord. 1056. Passed 11-12-13.)
(90) "Parking space" means an area with an all-weather surface at least nine feet by eighteen feet for the storage of one automobile, accessible from a public way.
(91) "Party wall" means a wall on a lot line designed for joint service between two buildings on separate lots.
(92) "Perimeter transition area" means:
(a) In the IN-A Zoning District, the perimeter transition area shall mean any area within the IN-A District that is within 200 feet of a public right-of-way or the boundary of any non-IN-A district other than an IN-C District, as measured from the edge of the zoning district, tract boundary or right-of-way line.
(b) In the IN-B Zoning District, the perimeter transitional area shall mean any area within the IN-B District that is within 200 feet of the boundary of the district, as measured from the edge of the zoning district, tract boundary or right-of-way line, except that the perimeter transition area may be reduced to 100 feet on any side where the IN-B District directly abuts a non-residential zoning district. (Ord. 1072. Passed 12-21-15.)
(93) "Porch" means a roofed open area, which may be screened, attached to or part of and with direct access to or from a building. (Ord. 1035. Passed 5-10-10.)
(94) "Principal building" shall mean a building in which the primary use of the lot on which the building is located is conducted. (Ord. 979. Passed 5-9-05; Ord. 989. Passed 5-9- 05.)
(95) "Rear building line" shall mean the longest structural wall of a building farthest from and parallel to any street. (Ord. 979. Passed 5-9-05; Ord. 989. Passed 5-9-05.)
(96) "Restaurant" is an establishment other than a fast food restaurant where food and drink are prepared and primarily intended to be served and consumed by sit-down customers on the premises. (Ord. 990. Passed 6-13-05.)
(97) "Restaurant, fast food" is any restaurant where the design or method of operation involves the serving of the food or beverage which is not normally delivered to the customer’s table by an employee of the restaurant. This includes all establishments where over thirty percent of the business involves the sale of food or beverages taken out and consumed in places other than the interior of the restaurant or where any food or drink is served or dispensed by means of a drive-through window. A coffee shop shall only be deemed to be a fast food restaurant where food or drink is served or dispensed by means of a drive-through window. (Ord. 990. Passed 6-13-05.)
(98) "Retail space" means establishments engaged in selling goods or merchandise to the general public for personal or household use and consumption and rendering services incidental to the sale of such goods, but not to include fast food restaurants. (Ord. 990. Passed 6-13-05.)
(99) "Roof mounted system" shall mean a solar system that has panels mounted on the roof of a principal or accessory building. (Ord. 1092. Passed 9-13-21.)
(100) "Satellite dish" means a device, typically circular and concave, used to receive television signals. (Ord. 919. Passed 7-14-97.)
(101) "Senior cooperative housing" shall be defined as a facility containing multiple dwelling units for persons over the age of 55, which may be jointly owned by tenants in common, joint tenants, equity holders of a real estate cooperative, a condominium or such other form of ownership permitted by law which:
A. Contains two or more dwelling units, each unit having at least one resident 55 or older;
B. Includes shared food preparation, dining and recreation facilities for the use of all residents;
C. Is designed and organized to permit co-operation and interaction between the facility residents.
(Ord. 1085. Passed 5-13-19.)
(102) "Service-oriented office" means office space limited to personal services.
(103) "Shed" shall mean an accessory building used primarily for storage of materials. (Ord. 979. Passed 5-9-05; Ord. 989. Passed 5-9-05.)
(104) "Sign" means a board, poster or placard displayed to advertise or convey information. (See Section 1262.04, Chapter 1266 and Section 1272.04)
(105) "Solar energy system" shall mean an energy system which converts solar energy to usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure's energy requirements. (Ord. 1092. Passed 9-13-21.)
(106) "Special exception" means permission for a use granted by the Zoning Hearing Board in accordance with the provisions of Chapter 1264 of this Zoning Code only in specified circumstances and only upon compliance with specified conditions. (Ord. 998. Passed 12-12- 05.)
(107) "Storefront façade" shall mean the ground floor frontage that corresponds to a separate interior usable space.
(Ord. 1056. Passed 11-12-13.)
(108) "Story" means that portion of a building located between the surface of any floor and the floor next above it.
(109) "Street" means a street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.
(110) "Street line" means the line defining the legal right of way of a street.
(Ord. 774. Passed 8-23-76.)
(111) "Streets of high traffic density" means Fairview Avenue, Michigan Avenue, Swarthmore Avenue, Chester Road, Yale Avenue and Cedar Lane from Baltimore Pike to Swarthmore Avenue. (Ord. 927. Passed 6-8-98.)
(112) "Structure" means any man-made stationary object located on a parcel of land.
(113) "Substantial improvement" shall mean any extension, repair, reconstruction, or other improvement of a property, the cost of which equals or exceeds fifty percent of the fair market value of a property either before the improvement is started or, if the property has been damaged and is being restored, before the damage occurred.
(Ord. 1056. Passed 11-12-13.)
(114) "Transient unit" means a furnished rental dwelling unit which is occupied continuously by the same tenant for a period of less than sixty days.
(115) "Unopened street" means a street that exists on the official Borough Map, the land having been dedicated to the Borough and defined by right-of-way limits, but that has not been utilized for vehicular circulation.
(116) "Usable common open space" means an area exposed to sunlight and natural ventilation for use by one or more residences in multifamily districts.
(117) "Usable floor area" means the area of a room or rooms used or intended to be used for service to the public and/or net floor area of a building used to promote or administer business and trade, excluding storage and service areas. (Ord. 990. Passed 6-13-05.)
(118) "Use" means any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied.
(Ord. 774. Passed 8-23-76.)
(119) "Vacant lot" means a tract or piece of land having no principal building erected thereon, which lot was designed or laid out for use as a future building site prior to enactment of this subsection (Ordinance 786, passed November 14, 1977) and was described by reference to a recorded plan or by metes and bounds in a recorded deed. (Ord. 786. Passed 11-14-77.)
(120) "Wall to opening ratio" is the amount of open space in a wall, expressed as a ratio between the total amount of solid wall space to the number of window and door openings in that wall. For instance, a façade with twice as much solid wall space as windows and doors would have a wall to opening ratio of 2 to 1. (Ord. 990. Passed 6-13-05.)
(121) "Window wall" means a wall containing a window to a major living space, including a kitchen.
(122) "Wireless communications equipment building" means a building or cabinet in which electronic receiving, relay, and/or transmitting equipment for a wireless communications facility is housed.
(123) "Wireless communications facility" means the antenna or antennas, antenna support structure, wireless communications equipment building and/or other structures and equipment involved in receiving or transmitting wireless communications or radio signals.
(Ord. 919. Passed 7-14-97.)
(124) "Yard" means that portion of a lot which is unoccupied and open to the sky.
(125) "Front yard" means the required open space between a structure and the street right-of-way line that extends the full width of the lot.
(See Drawing No. 2)
(126) "Side yard" means the required open space between a structure and the interior side property line that extends between the front and rear yards. (See Drawing No. 2)
(127) "Rear yard" means the required open space between a structure and the rear property line that extends the full width of the lot.
(See Drawing No. 2)
(128) "Zoning Code" means Ordinance 774, passed August 23, 1976, as amended, codified as Title Four of Part Twelve - the Planning and Zoning Code.
(129) "Zoning permit" means the standardized written license issued by the Zoning Officer authorizing any use, subdivision or development of land. (Ord. 774. Passed 8-23-76.)