§ 450-24. Definitions., Article III. Terminology, Chapter 450. Zoning, Part II. General Legislation, Code of Ordinances, Walnutport

§ 450-24. Definitions.

Latest version.

When used in this chapter, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise or unless the context clearly indicates otherwise:

ABANDONED MOTOR VEHICLE: The definition in the Pennsylvania Motor Vehicle Code shall apply. As of 2007, such definition was as follows:

ABUT or ABUTTING: Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street or a perennial waterway. See definition of "adjacent."

ACCESSORY STRUCTURE (INCLUDES ACCESSORY BUILDING): A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. Accessory structures include but are not limited to a household garage, household storage shed, detached carport, a household swimming pool, or an accessory storage building to a business use. An "accessory building" is any accessory structure that meets the definition of a "building." A portion of a principal building used for an accessory use shall not be considered an accessory building.

ACCESSORY USE: A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use.

ADJACENT: Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.

ADULT BOOKSTORE: An establishment in which over 10% of the total floor area is occupied by books, films, periodicals and videotapes which are distinguished by a clear emphasis on displaying uncovered male or female genitals or specified sexual activities or by or paraphernalia or novelties related to specified sexual activities and which items are offered for sale, rent or receipt of coins or tokens. If such items are within a room(s) that is restricted to persons age 18 or older, then this definition shall apply to any establishment in which over 10% of the floor area is within such restricted room(s).

ADULT DAY-CARE CENTER: A use providing supervised care and assistance primarily to persons who are over age 60 and/or mentally retarded and/or physically handicapped who need such daily assistance because of their limited physical abilities, Alzheimers disease, mental abilities or mental retardation. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.

ADULT LIVE ENTERTAINMENT FACILITY: A use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual "specified sexual activities" related to some form of monetary compensation paid to a person or entity involved in such activity or establishment.

ADULT MOVIE THEATER: A use involving the presentation to three or more persons at one time in a room of motion pictures, videotapes or similarly reproduced images distinguished or characterized by an emphasis on depiction of "specified sexual activities" for observation by such persons and that is related to some form of monetary compensation paid by the persons viewing such matter.

ADULT USE: This term shall include any of the following uses: adult bookstore, adult movie theater, massage parlor or adult live entertainment facility/use.

AFTER HOURS CLUB: A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.

ALLEY: A vehicle right-of-way having a maximum right-of-way width of 16 feet and that usually provides secondary access to the side or rear on one or more lots, and which is not intended for through traffic.

ANTENNA, STANDARD: A device, partially or wholly exterior to a building, that is used for receiving electronic signals (other than a satellite dish antenna which is treated separately) or for transmitting shortwave or citizens band radio frequencies. This shall include antennas used by an amateur ham radio operator or by a contracting business or utility to communicate with its employees, but shall not include a commercial communications antenna. This term includes any accessory supporting structures.

APARTMENT: See "dwelling types."

APPLICANT: The definition in the State Municipalities Planning Code, as amended, shall apply.

ASSISTED-LIVING FACILITY: Coordinated and centrally managed rental housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older with physical handicaps or limitations, and/or who are developmentally disabled. Assisted-living facilities shall be licensed as personal-care centers by the Commonwealth of Pennsylvania.

AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES: An area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 450-34.

AUTO REPAIR GARAGE: An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." See requirements in § 450-34.

AUTO SERVICE STATION: An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include activity meeting the definition of a "truck stop." See storage limits and other requirements in § 450-34.

BASEMENT: The portion of a building that is partly or completely below grade. See the definition of "story."

BED-AND-BREAKFAST INN: A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 450-34 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 450-34.

BOARDING HOUSE (INCLUDES "ROOMING HOUSE"): A residential use in which: room(s) that do not meet the definition of a lawful dwelling unit are rented for habitation; or a dwelling unit includes greater than the permitted maximum number of unrelated persons. A boarding house shall not include a use that meets the definition of a hotel, dormitory, motel, life-care center, personal-care center, bed-and-breakfast inn, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents, but shall not include a restaurant open to the public unless the use also meets the requirements for a restaurant. A boarding house shall primarily serve persons residing on-site for five or more consecutive days.

BOROUGH: Borough of Walnutport, Northampton County, Pennsylvania.

BUFFER YARD: A strip of land that: separates one use from another use or feature; and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 450-62.

BUILDING: Any structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a total area under roof of greater than 50 cubic feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.

BUILDING COVERAGE: The percentage obtained by dividing the maximum horizontal area in square feet of all principal and accessory buildings and attached structures covered by a permanent roof on a lot by the total lot area of the lot upon which the buildings are located.

BUILDING WIDTH: The horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.

BUILDING, PRINCIPAL: A building used for the conduct of the principal use of a lot, and which is not an accessory building.

BULK RECYCLING CENTER: A use involving the bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a "junkyard."

CARTWAY: The paved portion of a street designed for vehicular traffic and on-street parking, but not including the shoulder of the street.

CHRISTMAS TREE FARM or TREE FARM: A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale from November 15 to December 30 of trees that were produced on the premises.

CHURCH: See "place of worship."

COMMERCIAL COMMUNICATIONS TOWER OR ANTENNA: A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system or for cellular telephone communications. See § 450-34.

COMMERCIAL DISTRICT: The GC, TCB, and TC Zoning Districts.

COMMERCIAL USE: This term includes but is not limited to: retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.

COMMUNITY CENTER: A use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise-producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a "treatment center."

CONDEMNATION: The legal process pursuant to the Eminent Domain Code by which the Borough takes, injures or destroys property by authority of law for a public purpose.
[Added 8-9-2012 by Ord. No. 2012-07]

CONDITIONAL USE: A use that is only allowed under this chapter if conditional use approval is obtained. Conditional use approval shall be required from Borough Council, after the Planning Commission is provided an opportunity for a review. See § 450-21.

CONDOMINIUM: A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community Act of 1996, as amended.

CONSERVATION EASEMENT: A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land.

CONVENIENCE STORE: A use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 7,000 square feet. A convenience store involving the sale of gasoline shall be regulated as an "auto service station."

CORRECTIONAL FACILITY: A use in which persons are ordered to be confined by court of law or are confined awaiting trial or sentencing.

CRAFTS OR ARTISAN'S STUDIO: A use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a home occupation, provided the requirements for such use are met.

CURATIVE AMENDMENT, MUNICIPAL: A process provided in the Municipalities Planning Code that permits a municipality to address the potential invalidity of portions or all of its own zoning ordinance.

DAY CARE, CHILD: A use involving the supervised care of children under age 16 outside of the children's own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school or "Head Start" programs. See also the definition of "adult day-care center."

DENSITY: The total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated.

DEP: The Pennsylvania Department of Environmental Protection and its relevant bureaus.

DEVELOPMENTAL DISABILITY: A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

DISTRICT (or ZONING DISTRICT): A land area within the Borough within which certain uniform regulations and requirements apply under the provisions of this chapter.

DORMITORY: A residential facility that only houses full-time students and staff-persons of an accredited college or university, and which does not meet the definition of "dwelling units."

DRIVE-THROUGH SERVICE: An establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.

DRIVEWAY: A privately owned, constructed, and maintained vehicular access from a street to one or two principal buildings or their accessory buildings, and which does not meet the definition of a street or an alley.

DWELLING: A building used as nontransient living quarters, but not including a boarding house, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home."

DWELLING TYPES: This chapter categorizes dwellings into the following types:

DWELLING UNIT: A single habitable living unit occupied by only one family. See definition of "family." Each dwelling unit shall have: its own toilet, bath or shower, sink, sleeping and cooking facilities; and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. A dwelling unit shall not include either or both of the following: two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another; or two separate and distinct sets of kitchen facilities.

ELECTRONIC NOTICE: Notice given by a municipality through the Internet of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
[Added 11-14-2013 by Ord. No. 2013-06]

EMERGENCY SERVICES STATION: A building for the housing of fire, emergency medical or police equipment and for related activities. A membership club may be included if it is a permitted use in that district. This use may include housing for emergency personnel while on call.

EMPLOYEES: The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ESSENTIAL SERVICES: Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 450-30. "Essential services" shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

FAMILY: One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or a maximum of four unrelated individuals who maintain a common household and live within one dwelling unit. A dwelling unit shall be occupied by a maximum of one family. A family shall also expressly include numbers of unrelated persons allowed by the group home provision of § 450-34 residing within an approved group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.

FENCE: A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete or similar materials shall be considered a "wall." The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. See § 450-35.

FINANCIAL INSTITUTION: An establishment primarily involved with monetary, not material, transactions and that has routine interactions with the public.

FLOODPLAIN: See definitions of floodplain and related terms in § 450-39.

FLOOR AREA, TOTAL: The total, aggregate, floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. "Floor area" shall specifically include, but not be limited to: fully enclosed porches; and basement or cellar or attic space that is potentially habitable and has a minimum head clearance of at least seven feet. Floor area shall not include unenclosed porches, decks or breezeways.

FORESTRY: The management of forests and timberland 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.

GARAGE SALE: The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 450-35.

GLARE: A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 450-42.

GOVERNMENT FACILITY, OTHER THAN BOROUGH-OWNED: A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Walnutport Borough. This term shall not include uses listed separately in the table of uses in Article IV of this chapter, such as "publicly owned recreation." This term shall not include a correctional facility.

GROUP HOME: A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the individual served due to age, emotional, mental or physical handicap. This definition shall expressly include facilities for the supervised care of developmentally disabled persons and all persons subject to protection under the Federal Fair Housing Act Amendments of 1988. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.

HAZARDOUS SUBSTANCES: A product or waste, or combination of substances that because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment which includes the soil and all subsequent materials located below. Such hazardous material includes, but is not limited to materials which are included on the latest edition of one or more of the following lists:

HAZARDOUS SUBSTANCES, EXTREMELY: Amounts above the federally required reportable volumes of hazardous substances included on the list of "Extremely Hazardous Substances" in 29 Code of Federal Regulations Part 1910, or its successor provisions.

HEIGHT: The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in § 450-61. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article VIII, Signs.

HOME OCCUPATION (also see definition of a "no-impact home-based business"): A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 450-35.

HOSPITAL: A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to, care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered an "office." A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals.

HOTEL or MOTEL: A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 30 days shall be considered a boarding house and shall meet the requirements of that use. See also "bed-and-breakfast" use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, gift shop, swim club or tavern, provided that such use(s) is not the principal use of the property.

IMPERVIOUS COVERAGE: A surface that prevents the percolation of water into the ground.

INDUSTRIAL DISTRICT: The I Zoning Districts.

JUNK: Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials. "Junk" shall not include: solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations; toxic wastes; grass clippings, leaves, tree limbs or similar yard waste materials; or items clearly awaiting imminent recycling at an approved recycling facility.

JUNK VEHICLE: Includes any vehicle or trailer that meets any of the following conditions:

JUNKYARD

Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types:

(1)

Junk (see definition).

(2)

Three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the requirements of § 450-34 for an auto repair garage or auto service station.

(3)

One or more mobile/manufactured homes that are not in a habitable condition.

Junk stored within a completely enclosed building for business purposes shall be considered a warehouse.

A junkyard specifically shall include but not be limited to any metal scrap yard or auto salvage yard.

KENNEL: The keeping of a greater number of dogs and/or cats than are permitted under the keeping of pets provisions of this chapter. A kennel may also serve other animals.

LANDOWNER: The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner and if such lease is for a remaining period of at least 12 months) or authorized officers of a partnership or corporation that is a landowner.

LIFE-CARE CENTER: A residential use designed and operated exclusively for adults of 55 years of age or older and/or physically handicapped persons that includes a nursing home and certain limited support facilities intended specifically to serve the needs of these residents.

LIGHTING, DIFFUSED: Illumination that passes from the source through a translucent cover or shade.

LIVESTOCK (AND POULTRY), RAISING OF: The raising and keeping of livestock, horses, poultry or insects beyond what is allowed under § 450-35D(10), Keeping of pets, and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.

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. A "lot" may or may not coincide with a lot of record and includes one or more adjacent pieces, parcels or plots of land of record held in single and separate ownership, including adjacent pieces, parcels or plots bisected by public or private streets. The area and depth of a lot shall be measured to the legal right-of-way line of the street, and all lots shall front on public or private streets.

LOT AREA: The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, the following shall be excluded:

LOT, CORNER: A lot abutting on two or more intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersect at an angle of less than 135°.

LOT LINES: The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.

LOT WIDTH: The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall.

MAILED NOTICE: Notice given by a municipality by first-class mail of the time and place of a public hearing and the particular nature of the matter to be considered at the hearing.
[Added 11-14-2013 by Ord. No. 2013-06]

MASSAGE: The performance of manipulative exercises using the hands and/or a mechanical or bathing device on a person(s)'s skin other than the face or neck by another person(s) that is related to certain monetary compensation, and which does not involve persons who are related to each other by blood, adoption, marriage or official guardianship.

MASSAGE PARLOR: An establishment that meets all of the following criteria:

MASSAGE THERAPY, CERTIFIED: A use involving performance of massages by a person licensed or certified by the state as a massage therapist or certified by a recognized national organization that requires over 60 hours of professional training. This use shall be considered a type of personal service.

MEDICAL CENTER: A type of office used exclusively by physicians and dentists for treatment and examinations of patients, provided that no overnight patients shall be kept on the premises. A "medical center" as defined herein is not a treatment center or a hospital (see definitions).

MEMBERSHIP CLUB: An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.

MINERAL EXTRACTION: The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.

MOBILE/MANUFACTURED HOME: See under "dwelling types."

MOBILE/MANUFACTURED HOME PARK: A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park." See § 450-34.

MOTOR VEHICLE: An automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to operate carry persons or cargo on roads and that is powered by mechanized means.

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:

NONCONFORMING LOT: A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter, or amendments hereinafter enacted.

NONCONFORMING STRUCTURE: A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 450-64.

NONCONFORMING USE: A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 450-64.

NURSING HOME: A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 450-34.

OFFICE: A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.

OFFICIAL ZONING MAP: The map as adopted by Borough Council which designates the location and boundaries of zoning districts.

OPEN SPACE, COMMON: A parcel or parcels of land within a tract which meets all of the following standards:

ORDINANCE, THIS: The Walnutport Borough Zoning Ordinance, including the Official and the Historic Areas and Buildings Map, as amended.

PA: The Commonwealth of Pennsylvania.

PARKING: Off-street parking and aisles for vehicle movement unless otherwise stated.

PENNDOT: The Pennsylvania Department of Transportation, or its successor, and its subparts.

PENNSYLVANIA MUNICIPALITIES PLANNING CODE or STATE PLANNING CODE: The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted and amended.

PERMITTED-BY-RIGHT USES: Allowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of this chapter. A nonconforming use shall not be considered to be a permitted-by-right use, a special exception use or a conditional use.

PERSONAL CARE HOME OR CENTER: Assisted living facility.

PERSONAL SERVICE: An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, photography studios, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any adult uses, as herein defined.

PETS, KEEPING OF: The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 450-35.

PLACES OF WORSHIP: Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 450-34.

PLANNING COMMISSION: See "Commission."

PRINCIPAL BUILDING: A principal structure which is also a building.

PRINCIPAL STRUCTURE: The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.

PRINCIPAL USE: A dominant use(s) or main use on a lot, as opposed to an accessory use.

PUBLIC NOTICE: Notice required by the Municipalities Planning Code. (Note: As of the adoption date of this chapter, for a Zoning Hearing Board hearing or an amendment to this chapter, such Act generally required a legal advertisement published once each week for two successive weeks in a newspaper of general circulation in the Borough, which states that time and place of a meeting/hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication not less than seven days from the meeting/hearing date.)

PUBLICLY OWNED RECREATION: Leisure facilities owned, operated or maintained by governmental entities for use by the general public.

RECREATION: The offering of leisure-time activities to unrelated persons. This term shall not include any adult use. For the purposes of this chapter, recreation facilities shall be permitted by right as an accessory use when clearly limited to residents of a development and their occasional invited guests. Publicly owned recreation is a distinctly different use from indoor recreation or outdoor recreation.

RECYCLING COLLECTION CENTER: A use for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 500 pounds of household recyclables and their customary collection, which is a permitted-by-right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted-by-right accessory use to a public or private primary or secondary school, a place of worship, a Borough-owned use or an emergency services station.

RELATED or RELATIVE: Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of "dwelling unit."

REPAIR SERVICE: Shops for the repair of appliances, watches, guns, bicycles and other household items.

RESEARCH LABORATORY: A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.

RESIDENTIAL ACCESSORY STRUCTURE, BUILDING OR USE: A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, gazebo, storage shed, greenhouse, children's playhouse or children's play equipment. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.

RESIDENTIAL DISTRICT: The R-1, R-2, R-3 and RC Zoning Districts.

RESIDENTIAL LOT LINES: The lot line of a lot that: contains an existing primarily residential use; or is undeveloped and zoned as a Residential District.

RESTAURANT

An establishment that sells ready-to-consume food or drink and that routinely involves the consumption of at least a portion of such food on the premises.

A restaurant may include the accessory sale of alcoholic beverages. However, if such sale is a primary or substantial portion of the total trade, the requirements of a tavern or nightclub, as applicable, must be met.

See "drive-through service" in this section.

RETAIL STORE: A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.

RIGHT-OF-WAY: An area or strip of land which is reserved for use by or as a street or by one or more utilities or by the public or by others. The term "right-of-way" by itself shall mean the street right-of-way that will exist after completion of a subdivision or development, unless another meaning is otherwise stated or clearly implied from the context in which it is used.

ROOMING HOUSE: See "boarding house."

SCHOOL, PUBLIC OR PRIVATE PRIMARY OR SECONDARY SCHOOL: An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools (such as privately operated schools of trade, vocation or business).

SCREENING: Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 450-62D.

SECTIONAL DWELLING: See under "dwelling units."

SELF-STORAGE DEVELOPMENT: A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

SETBACK LINE

The line within a lot defining the required minimum distance between any structure to be erected or use to be developed and the adjacent future street right-of-way or exterior lot line (when the property is not abutted by a right-of-way). Such line shall be measured at right angles from and parallel to the front lot line.

Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 450-62B.

Unless otherwise stated, setback distances are for both accessory and principal structures.

Private streets. For a building setback measured from a private street, the setback shall be measured from the existing right-of-way of such a street, if a right-of-way exists. If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway.

SIGHT TRIANGLE: An area required to be kept free of certain visual obstructions to traffic. See § 450-62.

SIGN: Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 450-58 and 450-50. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.

SIGN AREA: See § 450-58.

SIGN, OFF-PREMISES: A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.

SINGLE AND SEPARATE OWNERSHIP: The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.

SOLID WASTE TRANSFER FACILITY: Land or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application.

SPECIAL EXCEPTION: A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 450-20.

SPECIFIED SEXUAL ACTIVITIES: One or more of the following:

STATE: The Commonwealth of Pennsylvania and its agencies.

STORY (AND HALF-STORY): A portion of a building between the upper surface of a floor and the upper surface of the floor or roof next above. For the purposes of determining maximum height in this chapter, a floor level shall be considered a "story" if it meets the definition of an "aboveground story" in the Building Code. (Note: Such provisions often allow a rear walkout basement to not count as a story.) If a floor level has a clear ceiling height less than seven feet and is not designed for habitation (such as attic storage), then the level shall be considered a "half-story."

STREET: A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street", "highway" and "road" have the same meaning and are used interchangeably. Streets shall be classified as "arterial streets," "collector streets" and "local streets" as categorized in the Borough Comprehensive Plan.

STRUCTURE: Any man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter.

SUBDIVISION: The definition in Chapter 395, Subdivision and Land Development, shall apply.

SUBDIVISION ORDINANCE or SUBDIVISION AND LAND DEVELOPMENT ORDINANCE: The Walnutport Borough Subdivision and Land Development Ordinance, as amended.

SWIMMING POOL, HOUSEHOLD OR PRIVATE: A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 450-35.

SWIMMING POOL, NONHOUSEHOLD: A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool.

TAVERN: A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of a "nightclub" or an "after-hours club." The sale of food may also occur. See also the definition of "restaurant."

THEATER: A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

TIRE STORAGE, BULK: The storage of more than 150 used tires on a lot. See "outdoor storage" in § 450-35.

TOWNHOUSE: See "dwelling types."

TRADE/HOBBY SCHOOL or TRADE SCHOOL: A facility that: is primarily intended for education of a work-related skill or craft or a hobby; and does not primarily provide state-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school or ceramics school.

TRADESPERSON: A person involved with building trades, such as but not limited to: plumbing, electrical work, building construction, building remodeling, and roofing.

TREATMENT CENTER

A use (other than a correctional facility or a hospital or a medical office) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:

(1)

Criminal rehabilitation, such as a criminal halfway house;

(2)

Current addiction to alcohol or a controlled substance that was used in an illegal manner; and/or

(3)

A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.

See standards in § 450-34.

UNIT FOR CARE OF RELATIVE: A dwelling unit that: is especially created for and limited to occupancy by a close "relative" of the permanent residents of the principal dwelling unit; is necessary to provide needed care and supervision to such relative; and meets the requirements for such use in § 450-35.

UNREGISTERED VEHICLE: Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker (except for antique vehicles exempted from safety sticker requirements under state regulations). The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.

USE: The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.

VARIANCE: The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code. See § 450-15 of this chapter.

WALL: See "fence."

WAREHOUSE: A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail uses or a truck terminal, unless such uses are specifically permitted in that zoning district.

WETLANDS: An area of land and/or water meeting one or more definitions of a "wetland" under federal and/or Pennsylvania law and/or regulations.

YARD: An area not covered by buildings and that is on the same lot as the subject structure or use and which is measured inward from a lot line. Regulations of specific districts prohibit principal and accessory structures within specified required minimum yard setbacks.

YARD, FRONT or MINIMUM FRONT SETBACK: A yard measured from along the front lot line (which is the existing street right-of-way line where it abuts a street) and that extends the full width of the lot from side lot line to side lot line.

YARD, REAR or MINIMUM REAR SETBACK

A yard extending the full width of the lot and which is always measured from along the rear line and which establishes the minimum setback for the subject structure, and which stretches between the side lot lines parallel to the rear lot line.

A principal building shall not extend into the required rear yard setback for a principal building, and an accessory structure shall not extend into the required rear yard for an accessory structure, except as provided in this chapter.

Every lot shall include a rear lot line.

YARD, SIDE or MINIMUM SIDE SETBACK

A yard which establishes the minimum setback for the closest portion of the subject structure, and which is measured from along the entire length of the side lot line, and which extends from the front lot line to the rear lot line.

A structure shall not extend into the applicable minimum side yard setback, except as provided for in this chapter.

See "corner lot" provision in § 450-62B.

Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under § 450-62B.

ZONING MAP: The Official of Walnutport Borough, Northampton County, Pennsylvania.

ZONING OFFICER: The person charged with the duty of enforcing the provisions of this chapter, and any officially designated assistant.

ZONING ORDINANCE: The Walnutport Borough Zoning Ordinance, as amended.

Editor's Note: See 53 P.S. § 10101 et seq.

Editor’s Note: See 26 Pa.C.S.A. § 101 et seq.

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

Editor's Note: See 68 Pa. C.S.A. § 5101 et seq.

Editor's Note: See 53 P.S. § 10101 et seq.

Editor's Note: See Ch. 395, Subdivision and Land Development.

Editor's Note: See 53 P.S. § 10101 et seq.

Amended 3-12-2009 by Ord. No. 2009-04

Sample Lot Line Configurations The abbreviations below correspond to:
a	=	Front lot line
b	=	Rear lot line
c	=	Side lot line
d	=	Front lot line required to meet § 450-62B.