For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A building subordinate to the principal building on the same lot and used for purposes customarily incidental to those of the principal building.
ACCESSORY USE. A use subordinate to the principal use of land or of a building on the same lot and customarily incidental thereto.
ADAPTIVE RE-USE. A process that adapts buildings for new uses while retaining their historic features.
AGE-RESTRICTED. A grouping of residences constructed and organized to meet age-related regulations under the Housing for Older Persons Act, being 42 U.S.C. § 3601, such as the requirement that one member of the residence must be at least 55 years of age in 80% or more of the occupied dwellings.
ALTERATION. Any change or rearrangement in the structural parts of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height; or the moving such building or structure from one location or position to another.
APARTMENT BUILDING. A building on a single lot intended and designed for a residence for three or more families and in which the dwelling units may be separated horizontally and/or vertically.
APARTMENT UNIT. A dwelling unit within an apartment building.
ASSISTED LIVING FACILITY. A facility licensed as an ASSISTED LIVING FACILITY by the commonwealth, specifically any premises in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24-hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.
BASEMENT. A story partly below the finished grade but having at least one-half of its height (measured from finished floor to finished ceiling) above the average level of the finished grade where such grade abuts the exterior walls of the building. A BASEMENT shall be considered as one story in determining the permissible number of stories.
BOROUGH. The Borough of Topton, Berks County, Pennsylvania.
BOROUGH COUNCIL. The Council of the Borough of Topton, Berks County, Pennsylvania.
BOROUGH PLANNING COMMISSION. The Planning Commission of the Borough of Topton, Berks County, Pennsylvania.
BRING YOUR OWN BOTTLE ESTABLISHMENT (BYOB). A place of assembly or any other use defined in this chapter, other than a dwelling unit, including, but not limited to, restaurants, taverns, clubs and social buildings, that is not licensed by the State Liquor Control Board, in which no intoxicating beverages are sold, but where patrons are permitted to bring intoxicating beverages upon the premises for their own use and consumption only.
BUILDING. Any combination of materials forming any structure which is designed, intended or arranged for the housing, sheltering, enclosure or structural support of persons, animals or property of any kind.
BUILDING AREA. The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, unroofed porches, paved terraces, steps, eaves and gutters.
BUILDING 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 included in calculating the height of a building.
BUILDING SETBACK LINE. The line that designates the minimum required distance between any building or structure or portions thereof to be erected or altered and an adjacent street right-of-way or property line, whichever is closer. Such line shall be measured at right angles from the street right-of-way line which abuts the property upon which said building or structure is located or to be located and shall be parallel to said right-of-way line.
CELLAR. A story partly below the finished grade, having at least one-half of its height (measured from finished floor to finished ceiling) below the average level of the adjoining finished grade where such grade abuts the exterior walls of the building. A CELLAR shall not be considered a story in determining the permissible number of stories.
CERTIFICATE OF USE AND OCCUPANCY. A statement, based on an inspection, signed by the Zoning Officer, setting forth that a building, structure, sign and/or land complies with the zoning regulations, and/or that a building, structure, sign and/or land may be lawfully employed for specific uses, or both, as set forth therein.
CLUSTER DEVELOPMENT. An area of land under single and separate ownership, to be developed as a single entity for a number of dwelling units, the development plan for which complies in lot size, density, dwelling type, lot coverage, open space land, other dimensional characteristics set forth in any residential zoning district.
COMMERCIAL COMMUNICATION ANTENNA. Any device mounted on a tower on stable platform such as an existing building or structure used for the transmission or reception of radio, television, cellular phone, commercial mobile radio service, satellite or any other wireless communication signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, and including any device that radiates or captures electromagnetic waves, digital signals, radio frequencies or other communications signals, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.
COMMERCIAL COMMUNICATIONS FACILITY. A use consisting or towers, antennas, building, parking and accessory uses necessary for the operation of a commercial communication system.
COMMERCIAL COMMUNICATIONS FACILITY CO-LOCATION. The use of a commercial communications facility by more than one commercial communications entity, including joint permitting, leasing or joint ventures among commercial communications entities.
COMMERCIAL COMMUNICATIONS TOWER. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers or monopole towers, or structures appended or attached to existing buildings or structures. The term includes radio and telephone transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereof.
COMMON OPEN SPACE. Parcel or parcels of land or an area of water or a combination of land and water within the development site designed and intended for use or enjoyment of all residents of the development in which it is located. Land included within the right-of-way lines of streets shall not be classified as COMMON OPEN SPACE. Dwellings units and residential accessory uses shall not be located within COMMON OPEN SPACE AREAS, nor shall loading areas and parking areas unless they are strictly incidental to COMMON OPEN SPACE USES.
COMMON PARKING AREA. A parking facility other than those provided within the lot lines of a lot on which one single-family detached dwelling, one single-family semi-detached dwelling, one townhouse, one two-family detached dwelling or one two-family semi-detached dwelling is located.
CONDITIONAL USE. In accordance with 53 P.S. § 10603, uses to be allowed or denied by the governing body pursuant to public notice and hearing and recommendations by the planning agency and pursuant to express standards and criteria set forth in the zoning ordinance. In allowing a CONDITIONAL USE, the governing body may attach such reasonable conditions and safeguards, other than those related to off-site transportation improvements, in addition to those expressed in the chapter, as it may deem necessary.
COUNTY PLANNING COMMISSION. The Planning Commission of the County of Berks, Commonwealth of Pennsylvania.
DAY CARE CENTER. The premises in which out-of-home care is provided, at any one time, for part of a 24-hour day to seven or more children, 15 years of age or younger, including care provided to a child at the parent’s work site when the parent is not present in the child care space, care provided in private or public, profit or non-profit facilities, and care provided before or after the hours of instruction in nonpublic schools and in private nursery schools and kindergartens, all under a certificate of compliance issued by the commonwealth.
DEMOLISH. The voluntary or elective removal of a structure to grade.
DESTROY. The involuntary removal of substantial portions of a structure.
DIRECTIONAL SIGN. A sign containing directional information locating public places owned or operated by federal, state or local governments or their agencies; public or privately owned natural phenomena, historic, cultural, scientific, educational and religious sites; and areas of natural scenic beauty or which are naturally suited for outdoor recreation.
DISTRICT. A portion of the borough within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.
DWELLING. A building or portion thereof arranged, intended, designed or used as the living quarters for one or more families living independently of each other. Such buildings as hospitals, hotels, boarding, rooming and lodging houses, motels, hotels and institutional residences are not included in the definition of DWELLING.
(1) SINGLE-FAMILY DETACHED DWELLING. A building arranged, designed or intended for occupancy exclusively as a residence for one family and having no common or party wall with an adjacent building.
(2) SINGLE-FAMILY SEMI-DETACHED DWELLING. A building arranged, designed or intended for occupancy exclusively as a residence for two families, each living on one side of a common or party wall.
(3) TOWNHOUSE. A building arranged, designed or intended for occupancy exclusively as a residence for one family, which is one of a group of three or more such buildings, placed side by side and separated by party walls.
(4) TWO-FAMILY ATTACHED DWELLING. A building arranged, designed or intended for occupancy exclusively as a residence for two families, with one family living wholly or partly over the other and having two or more common or party walls with adjacent buildings.
(5) TWO-FAMILY DETACHED DWELLING. A building arranged, designed or intended for occupancy exclusively as a residence for two families, with one family living wholly or partly over the other and having no common or party wall with an adjacent building.
(6) TWO-FAMILY SEMI-DETACHED DWELLING. A building arranged, designed or intended for occupancy exclusively as a residence for two families living on one side of a common or party wall and one of the families living wholly or partly over the other.
DWELLING UNIT. A building or portion thereof providing one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, and having no cooking or sanitary facilities in common with any other dwelling unit.
ESSENTIAL SERVICES. Services customarily associated with residential living in a community setting such as public utilities. However, commercial communications antennas are not considered ESSENTIAL SERVICES.
FAMILY. One or more persons, related by blood, marriage or adoption, with not more than two boarders, roomers, lodgers or not more than four unrelated persons, living together as a single housekeeping unit and using cooking facilities and certain rooms in common.
FLOOR AREA. The sum of the gross horizontal areas of every floor of a building, including basement space devoted to residential commercial or industrial use, and roofed porches, breezeways, roofed garages, carports and other accessory buildings. Cellar area is excluded.
FREESTANDING SIGN. An independently supported sign, not attached to any building.
GARAGE. A building that is accessory to a principal dwelling(s) and is used primarily for the parking of a maximum of three motor vehicles. Such a GARAGE shall not be used for business purposes unless specifically approved for such purposes, nor shall any repairs be made to motor vehicles within the GARAGE other than to those vehicles registered to the property owner or lessee of any dwelling located on the property. Such a GARAGE may be used for the parking of a maximum of one commercial vehicle, which shall be operated by a resident of the lot.
HEIGHT OF SIGNS. The vertical distance measured from the average grade at the front of the sign to its highest point. The highest point in the case of a sign shall include the supporting structure.
HEIGHT OF TOWER. The overall height of the tower from the base of the tower to the highest point of the tower, including, but not limited to, antennas, transmitters, satellite dishes or any other structures affixed to other otherwise placed on the tower. If the base of the tower is not on ground level, the HEIGHT OF THE TOWER shall include the base of the building or structure to which the tower is attached.
HIGHWAY ACCESS POINT. The location or place of egress from or access to a street or highway created by a driveway, minor street or another highway.
HIGHWAY FRONTAGE. The lot dimension measured along the right-of way line of any street or highway abutting a lot.
HOME OCCUPATION. A use customarily conducted entirely within a dwelling unit and carried on by the inhabitants thereof, which is clearly incidental and secondary to the use of the dwelling unit.
HOTEL. A building or group of buildings containing individual rooms for rental, primarily for transients, with common hallways for all rooms on the same floor.
LOT. A parcel of land held in single or joint ownership occupied or to be occupied by one or more principal buildings and accessory buildings, including the open spaces required under this chapter. The area and depth of a LOT abutting a street shall be determined by measurements to the street line.
LOT AREA. The area contained within the lot lines of a lot.
LOT, CORNER. A lot abutting two or more intersecting public or private streets or at the point of abrupt change of direction of a single street (an interior angle of less than 135 degrees).
LOT COVERAGE. The percentage of the lot area covered by buildings.
LOT LINE. A line forming the front, rear or side boundary of a lot.
LOT SIZE. The area of a lot.
LOT WIDTH. The distance between the side lot lines at the front yard setback line.
MASSAGE THERAPY. The service provided by a massage therapist as licensed by the commonwealth.
MEDICAL CLINIC. A health care facility devoted to inpatient or outpatient medical care.
METHADONE CLINIC. A clinic established for the dispensing of methadone (Dolophine), to those who abuse opiate drugs.
MOBILE HOME. A transportable, single-family dwelling constructed in accordance with the specifications of the state as stated in law, intended for permanent occupancy contained in one unit, or in two 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. It shall be considered a single-family detached dwelling.
MOBILE HOME LOT. 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, which is leased by the park owner to the occupants of the mobile home erected on the lot.
MOBILE HOME PARK. A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for non-transient use, consisting of two or more mobile home lots.
MOTEL. A group of attached or detached buildings containing individual sleeping or living units where a majority of such units open individually and directly to the outside, and where a garage is attached or a parking space is conveniently located to each unit, all for the temporary use by automobile tourists or transients.
MUNICIPAL USE. A land use owned and maintained by the borough or a municipal authority and including such uses as a library, park, playground or administrative or equipment storage building.
MUNICIPALITY. The Borough of Topton, Berks County, Pennsylvania.
NO-IMPACT HOME-BASED BUSINESS.
(1) 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.
(2) 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 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) 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.
NONCONFORMING BUILDING, LOT, STRUCTURE OR USE. A building, lot, structure or use which does not conform to the regulations of the district in which it is located, but which lawfully existed prior to the enactment of this zoning chapter. NONCONFORMING STRUCTURES include nonconforming signs.
NURSING HOME. A facility licensed by the commonwealth as a NURSING HOME.
OPEN SPACE. Ground surface upon which no principal buildings or uses are permitted.
PARKING SPACE. A space within a building or on a lot, used for the parking of a motor vehicle.
PARTY WALL. A wall used or adopted for joint service between two buildings.
PERSONAL CARE HOME. A facility licensed as a PERSONAL CARE HOME by the commonwealth, specifically a residence or residences that provide shelter, meals, supervision and assistance with personal care tasks, typically for older people, or people with physical, behavioral health or cognitive disabilities who are unable to care for themselves but do not need nursing home or medical care.
PREMISES. A descriptive word to include all improvements, buildings structures and land on or within a lot.
PRESCHOOL INSTITUTIONAL. Care furnished in churches during religious services, care in public or private elementary, junior high or high schools, before, during or after hours of instruction.
PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which it is situated.
PRINCIPAL USE. The main or primary purpose for which any land, structure or building is designed, arranged or intended, and for which they may be occupied or maintained under the zoning chapter.
PROFESSIONAL. Doctor, surgeon, dentist, architect, artist, accountant, insurance agent, real estate broker, teacher, engineer, lawyer, musician, surveyor, landscape architect, land planner.
PUBLIC ROAD. A public thoroughfare, including a street, road, lane, alley or court, which has been dedicated or deeded to the borough and accepted by it and which affords the principal means of access to the abutting property.
PUBLIC UTILITY TRANSMISSIONS TOWER. A structure owned and operated by a public utility electric company regulated by the Pennsylvania Utility Commission designated and used to support overhead electricity transmission lines.
RIGHT-OF-WAY. The total width of any land reserved or dedicated as a street, road, lane, alley or crosswalk.
SCREEN. Vegetative material, fence and the like planted or constructed to screen the buildings and/or structures and uses on the lot on which the screen is located from the view of people on adjoining properties.
SHED. A building used for indoor storage but not used for storage of motor vehicles or hazardous or toxic materials, other than fuel for lawnmowers and appliances.
SIGHT TRIANGLE. An area within which no vision obstructing object is permitted above a height of three feet and below a height of ten feet.
SIGN. Any structure, wall or other outdoor surface, or any device or part thereof, which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or other representations used for announcement, direction or advertisement.
SIGN, ADVERTISING. A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is displayed.
SIGN, BUSINESS. A sign which directs attention to a business, profession or industry conducted on the premises or to products sold, manufactured or assembled upon the same premises upon which it is displayed.
SIGN, DYNAMIC. A sign with characteristics that appear to have movement or that appear to change, caused by any method other than physically removing and replacing the sign or its components, whether the apparent movement or change is in the display, the sign structure itself or any other component of the sign. This includes a display that incorporates a technology or method allowing the sign face to change the image without having to physically or mechanically replace its components. This includes any rotating, revolving, moving, flashing, blinking or animated display, rotating panels, LED lights manipulated through digital input, or any other method or technology allowing the sign face to present a series of images.
SOLAR ENERGY SYSTEM.
(1) ACCESSORY SOLAR ENERGY SYSTEM. A solar collection system consisting of one or more roof- and/or ground-mounted solar collector devices and solar related equipment, which has a rated capacity of less than or equal to ten kilowatts (for electricity) or rated storage volume of the system of less than or equal to 240 gallons or that has a collector area of less than or equal to 1,000 square feet (for thermal), and is intended to primarily reduce on-site consumption of utility power. A system is considered an ACCESSORY SOLAR ENERGY SYSTEM only if it supplies electrical or thermal power solely for on-site use, except that when a property upon which the facility is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
(2) PRINCIPAL SOLAR ENERGY SYSTEM. An area of land or other area used for a solar collection system principally used to capture solar energy and convert it to electrical energy. PRINCIPAL SOLAR ENERGY PRODUCTION FACILITIES consist of one or more freestanding ground, or roof mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities, which has a rated capacity of more ten kilowatts (for electricity) or rated storage volume of the system of more than 240 gallons or that has a collector area of more than 1,000 square feet (for thermal).
SPECIAL EXCEPTION. A use permitted in a particular district by the Zoning Hearing Board, to occupy or use land and/or a building or structure erected thereon for a specific purpose in accordance with this chapter, when such use is not permitted by right.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it or if there be no floor above it, then the space between any floor and the ceiling next above it. A basement, but not a cellar, shall be deemed to be a STORY. Each level of a split level building, excluding cellars, shall be considered a ONE-HALF STORY.
STREET. A public or private right-of-way, excluding driveways, intended for use as a means of vehicular and pedestrian circulation which provides a means of access to abutting property. The word STREET includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, service street (alley), lane and road or similar terms.
STREET FRONTAGE. The lot dimension measured along the street line or right-of-way line of any street or highway abutting a lot.
STREET LINE. The dividing line between a lot and, the outside bounds of a public street, road or highway right-of-way legally open or officially plotted by a municipality or higher governmental authority, between a lot and the outside boundary of a street shown on a recorded subdivision or land development plan, or between a lot and a private street, road or way over which, the owners or tenants of two or more lots held in single and separate ownership have a right-of-way.
STRUCTURE. Any human-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SWIMMING POOL. An erected or constructed pool used for swimming or bathing which has a depth in any part of 24 inches or more, includes in-ground, above-ground, on-ground, permanent construction and inflatable/collapsible pools. This definition does not include prefabricated pools that are accessory to single-family detached homes, less than 24 inches deep, hold less than 5,000 gallons and are situated entirely on- or above-ground.
USE. The specific purpose for which land, sign, structure or building is designed, arranged, intended or for which it may be occupied or maintained, or any activity, occupation, business or operation which may be carried on, thereon or therein. The term permitted use or its equivalent shall not be deemed to include any nonconforming use.
VARIANCE. A waiver, granted by the Zoning Hearing Board, from the terms and conditions of this chapter where literal enforcement would create unnecessary hardship and when granting of the waiver would not be contrary to the public interest.
WIND ENERGY SYSTEM.
(1) ACCESSORY WIND ENERGY SYSTEM. A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics, which has a rated capacity of less than or equal to 100 kilowatts and is intended to primarily reduce on-site consumption of utility power. A system is considered an ACCESSORY WIND ENERGY SYSTEM only if it supplies electrical power solely for on-site use, except that when a parcel on which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company.
(2) PRINCIPAL WIND ENERGY FACILITY. An area of land or other area used for a wind energy conversion system principally used to capture wind energy and convert it to electrical energy. PRINCIPAL WIND ENERGY PRODUCTION FACILITIES consist of one or more wind turbines, tower and associated control or conversion electronics and other accessory structures and buildings including substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities, which has a rated capacity of more than 100 kilowatts.
YARD. The required open unoccupied space on the same lot with a building. The space shall be open and unobstructed from the ground upward, except as otherwise provided in this chapter, and not less in depth or width than the minimum required in each zoning district.
(1) FRONT YARD. The required open space between the street line and the principal building on a lot, extending the full width of a lot.
(2) REAR YARD. The required open space between the rear lot line and the principal building on a lot, extending the full width of the lot.
(3) SIDE YARD. The required open space between a side lot line and the principal building on a lot, extending from the front line to the rear line of the principal building.
ZONING HEARING BOARD. Borough of Topton Zoning Hearing Board.
ZONING OFFICER. Borough of Topton Zoning Officer.
ZONING ORDINANCE. Borough of Topton zoning regulations, as codified in this Chapter 154 of this code of ordinances, as referenced in § 154.002 and as from time to time amended.
(Ord. passed 7-13-2015; Ord. 2018-2, passed 3-12-2018)