201. GENERAL INTERPRETATION.
For the purposes of this Zoning Ordinance, words and terms used herein shall be
interpreted as follows:
A. Words in the present tense shall include the future tense.
B. "Used" or "occupied" as applied to any land or building include the
words "intended, arranged, or designed to be used or occupied".
202.
TERMS DEFINED.
When used in this Zoning Ordinance, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise or unless
the context clearly indicates otherwise:
A B C D
E F G H
I J K L
M N O P Q
R S T U
V W X Y Z
A
Abut. 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"
Access Drive or Accessway. A Privately-owned, constructed and
maintained vehicular access roadway accessing two or more dwelling units or
two or more commercial, institutional or industrial principal uses. See also
"driveway."
Access Point. One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point. This term
shall not include accessways or driveways that are strictly and clearly
limited to use by only emergency vehicles; such accesses are permitted by
right as needed.
Accessory Building. A building (such as a private garage, private
toolshed, children's playhouse or noncommercial greenhouse) which is
subordinate and accessory to a principal building on the same lot and which is
used for purposes that are clearly customarily incidental to the use of the
principal building. A portion of a principal building used for an accessory
use shall not be considered an accessory building.
Accessory Structure. A structure, such as a private garage or private
swimming pool, serving a purpose customarily incidental to the use of the
principal building and located on the same lot as the principal 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
or building.
Acre. 43,560 square feet.
Adjacent. Includes contiguous lots that share a common lot line or that
are separated only by a street or waterway. See definition of "abut."
Adult Bookstore. A use with a significant portion of the market value
of or total number of items for sale or rent being books, films, magazines,
video tapes, coin- or token-operated films or video tapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized by a
clear emphasis on matter depicting, displaying, describing or relating to
uncovered male or female genitals or "specified sexual activities." This shall
include but not be limited to materials that would be illegal to sell to
persons under age 18 under State law.
Adult Day Care Center. A use providing supervised care and assistance
primarily to persons who are over age 60, mentally retarded and/or physically
handicapped who need such daily assistance because of their limited physical
abilities, Alzheimer disease 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 waiters, waitresses, dancers, clerks,
bartenders, contractors or others) displaying uncovered male or female
genitals or nude female breasts or engaging in simulated or actual "specified
sexual activities" related to some form of monetary compensation paid to a
person, company or organization operating the use or to persons involved in
such activity.
Adult Movie Theater. A use involving the presentation typically to
three or more persons at one time of motion pictures, video tapes or similarly
reproduced images distinguished or characterized by an emphasis on depiction
of "specified sexual activities" for observation by patrons therein and that
is related to some form of monetary compensation by the persons viewing such
matter.
Adult Use. This shall include only the following: Adult Bookstore,
Adult Movie Theater, Massage Parlor, or Adult Live Entertainment Facility.
After Hours Club. A commercial use or membership club that permits the
consumption of alcohol and is routinely open between the hours of 2 a.m. to 4
a.m., in addition to any other hours. This use generally is prohibited under
State Act 219 of 1990.
Alley. A right-of-way providing secondary access to the side or rear on
one or more lots.
Alteration. Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, or any enlargement
thereof, whether by extension on any side or by an increase in height, or the
moving of such structure from one location to another.
Antenna, Standard. A device, partially or wholly exterior to a
building, that is used for receiving and/or transmitting short-wave or
citizens band radio frequencies or for receiving television, radio or similar
frequencies, but not including a satellite dish antennae or a commercial
communications antennae. This includes any accessory supporting structures.
Apartment. See "dwelling types."
Applicant. The person(s), company, partnership, profit or non-profit
corporation or trust responsible for a particular application for an approval
or permit under this Zoning Ordinance, and his heirs, successors and assigns.
Auto, Boat and/or Mobile/Manufactured Home Sales. A building or 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 or 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 or
a junkyard.
Auto Repair Garage. A building and/or land 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, any 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."
Auto Service Station. A building and/or land where gasoline is sold,
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. This use may include a convenience store selling
ready-to-eat food for consumption off the lot, common household products and
similar items.
Back To Top
B
Basement. An enclosed floor area partly or wholly underground, other
than a building which is completely underground. A basement shall be
considered a "story" if a) the majority of the basement has a clearance from
floor to ceiling of six feet or greater and b) the top of the foundation of
the building is an average of four or more feet above the finished grade of
the front side of the building that faces onto a street.
Bed and Breakfast Use. The use of a single-family detached dwelling
which includes the rental of overnight sleeping accommodations and bathroom
access. This shall not include a use that provides any cooking facilities for
use by guests or that provides meals for persons other than overnight guests,
unless the requirements for a restaurant are also met. See standards in
Section 402.
Betting Use. A use where lawful gambling activities are conducted,
including but not limited to offtrack pari-mutuel betting. This term shall not
include betting under the State Lottery programs or betting under the "Small
Games of Chance" provisions of State law, which shall instead be regulated
under the regulations applicable to the principal use of the property (such as
a "membership club").
Billboard. See "Sign, Off-Premises."
Board. The Zoning Hearing Board of the Borough of Schuylkill Haven.
Boarding House or Rooming House. A residential use in which: a) two or
more individual rooms that do not meet the definition of a dwelling unit are
rented for habitation, or b) a dwelling unit that 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, motel, life care center,
personal care center, bed and breakfast use, group home or nursing home. A
boarding house may either involve or not involve the providing of meals to
residents. This use shall only involve renting living accommodations for
minimum periods of five consecutive days.
Borough Council. The Borough Council of the Borough of Schuylkill
Haven.
Buffer Yard. A strip of land that a) separates one use from another use
or feature, and b) 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.
Building. Any structure having a permanent roof and 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: a) the maximum
horizontal area square feet of all principal and accessory buildings and
attached structures covered by a permanent roof on a lot by b) the total lot
area of the lot upon which the buildings are located.
Building, Principal. A building used for the conduct of the principal
use of a lot, and which is not an accessory building.
Building Length. The horizontal measurement between the two most
distant portions, other than portions measured diagonally, of any one building
or of attached buildings.
Building Line or Building Setback Line. See "Setback Line."
Building Width. The horizontal measurement between two structural walls
of one building that are
generally parallel, measured in one general direction that is most closely
parallel to the required lot
width. For a townhouse, this width shall be the width of each dwelling unit.
Bulk Recycling Center. A use involving the bulk commercial collection,
separation and/or processing
of types of waste materials found in the typical household 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 non-recycled solid waste, unless the use also meets the
applicable requirements for a solid waste transfer facility. This definition
shall not include a "junkyard."
Business Service. The engaging in the purchase, sale, barter or
exchange of goods, wares, merchandise or services; the maintenance or
operation of offices, or recreational and amusement enterprises for profit.
Back To Top
C
Cemetery. Land or buildings used for the burial of deceased humans, but
not animals. The internment or scattering of remains of properly cremated
humans is not regulated by this Zoning Ordinance.
Commercial Communications Tower/Antennae. A structure, partially or
wholly exterior to a building, used for transmitting or retransmitting
electronic signals, such as but not limited to antenna used for transmitting
commercial radio or television signals or cellular telephone communications.
This shall not include a standard antenna.
Commercial Outdoor Recreation. A use that a) has a total building
coverage of less than 15 percent, b) is used principally for active or passive
recreation (such as a driving range), and c) is used for a profit-making
purpose.
Commercial Use. Includes retail sales, offices, personal services, auto
sales, auto repair garages and other uses of a similar 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 noncommercial use that exists solely to provide
leisure and educational activities and programs to the general public or
certain age groups. The use also may include the noncommercial preparation and
provision of meals to low-income elderly persons. This shall not include
residential uses or a "treatment center."
Comprehensive Plan. The document entitled the Borough of Schuylkill
Haven Comprehensive Plan, or any part thereof, adopted by the Borough Council,
as amended.
Conditional Use. A use which is allowed or denied by the Borough
Council within the provisions of
Article I,
after review by the Planning Commission.
Condominium. A set of individual dwelling units or other areas of
buildings each owned by an individual person(s) in fee simple, with the owners
assigned a proportionate interest in the remainder of the real estate which is
designated for common ownership, and which was created under either the
Pennsylvania Unit Property Act of 1963 or was created under the Pennsylvania
Uniform Condominium Act of 1980, as amended.
County. The County of Schuylkill, Commonwealth of Pennsylvania.
County Planning Commission. The Schuylkill County Planning Commission.
Curative Amendment. A proposed zoning amendment made to the Borough
Council by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which they have an interest.
Back To Top
D
Day Care, Child. A use involving the supervised care of children under
age 16 outside of the children's own home primarily for periods of less than
18 hours during the average day. This use may also include educational
programs that are supplementary to State-required education, including a
"nursery school." The following three types of day care are permitted without
regulation by this Zoning Ordinance: 1) care of children by their own
relatives or 2) care of one to three children within any dwelling unit, in
addition to children who are relatives of the care giver. See also the
definition of "adult day care center."
A.
Child Day Care Center, as an Accessory Use. A type of "day care" use that
provides care for six or fewer children at one time who are not relatives of
the care giver. See
Section 403.
B. Child Day Care Center, as a Principal Use. A type of "day care" use
that provides care for seven or more children at any one time who are not
relatives of the primary operator. See
Section 402.
Density.
The total number of dwelling units proposed on a lot divided by the "lot
area", unless otherwise stated.
D.E.P. (or "DEP"). Shall mean the Pennsylvania Department of
Environmental Resources, or its successor, and its relevant subparts.
Detached Building. A building that is surrounded on all sides by open
yards and that is not attached to any other building.
Distribution. The processing of materials so as to sort out which
finished goods are to be transported to different locations, and the loading
and unloading of such goods. This use usually involves inventory control,
material handling, order administration and packaging.
District (or Zoning District). A land area within the Borough within
which certain uniform regulations and requirements apply under the provisions
of this Zoning Ordinance.
Driveway. A privately owned, constructed, and maintained vehicular
access from a street or access drive to only dwelling unit, commercial unit,
institutional or industrial principal use. See also "access drive."
Dwelling. A building used as non-transient 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."
This Zoning Ordinance categorizes dwellings into the following types:
A.
Conversion Apartment. A new dwelling unit created within an existing
building within the standards of
Article IV
and where permitted by
Article
III and meeting the floor area requirements of
Article
VIII.
B. Apartments. Three or more dwelling units within a building that are
separated by only horizontal floors or by a combination of horizontal floors
and vertical walls (see definition of townhouses). The individual dwelling
units may be leased or sold for condominium ownership.
C. Sectional or "Modular" Home. A type of dwelling that meets a
definition of single family detached dwelling, single family semi-detached
dwelling, townhouse or garden apartment that is substantially but not wholly
produced in two or more major sections off the site and then is assembled and
completed on the site, and that does not meet the definition of a "mobile/
manufactured home" and that is supported structurally by its exterior walls
and that rests on a permanent foundation.
D. Single Family Detached Dwelling. One dwelling unit in one building
accommodating only one family and having open areas on all sides.
1.
Mobile/Manufactured Home. A type of single family detached dwelling that
meets all of the following requirements: a) is transportable, b) is designed
for permanent occupancy, c) is contained in a single piece, or two
substantial pieces designed to be joined into one integral unit capable of
again being separated for repeated towing, d) which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations, e) is constructed so that it may be used with or
without a permanent foundation, f) is not a "Recreation Vehicle," and g)
includes a minimum of 300 square feet of interior floor space. The terms
"mobile home" and "manufactured home" have the same meaning.
E.
Single Family Semi-Detached Dwelling Half of a Twin Dwelling. One
dwelling unit accommodating one family that is attached to and completely
separated by a vertical unpierced fire resistant wall to only one additional
dwelling unit. One side yard shall be adjacent to each dwelling unit. This
use is commonly known as one-half of a duplex. Each unit may or may not be on
a separate lot.
F. Townhouse. One dwelling unit that is attached to two or more
dwelling units, and with each dwelling unit being completely separated from
and attached to each other by unpierced vertical fire resistant walls. Each
dwelling unit shall have its own outside access. Side yards shall be adjacent
to each end unit. Townhouses are also commonly referred to as "row houses" or
"single family attached dwellings."
G. Two-Family Detached Dwelling. Two dwelling units accommodating one
family each with both dwelling units within a single building on a single
lot, and without the dwelling units being completely separated by a vertical
wall. The building shall have two side yards.
Dwelling Unit. A single habitable living unit occupied by only one
"family." See definition of "family." Each dwelling unit shall have: a) its
own toilet, bath or shower, sink, sleeping and cooking facilities, and b)
separate access to the outside or to a common hallway or balcony that connects
to outside access at ground level. No dwelling unit shall include a separate
living area that is completely separated by interior walls so as to prevent
interior access from the remainder of the living area.
Back To Top
E
Emergency Services Station. A building for the housing of fire,
emergency medical or police equipment and for related activities. This 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 Section 306.
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.
Back To Top
F
Family. One or more persons living in a single dwelling unit and
functioning as a common household unit. A family shall not include more than
four persons who are not "related" to each other (see definition in
Article II),
except a higher number may be specifically permitted within the provisions for
group homes in
Section
402. A "treatment center" shall not be considered a "family" or a "group
home."
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, cinder block or similar materials shall be
considered a "wall." The term "wall" does not regulate engineering retaining
walls, which are permitted uses as needed in all Districts.
Floodplain (100-Year). See definitions in
Article V
of this Ordinance.
Floor Area, Total. The total floor space within a building(s) measured
from the exterior faces of exterior walls or from the centerlines of walls
separating buildings. Floor area shall specifically include, but not be
limited to: a) fully enclosed porches and b) basement or cellar or attic space
that is potentially habitable and has a minimum head clearance of at least 6.5
feet. For the purposes of regulating floor area of dwelling units, floor area
specifically shall not include the following: a) elevator shafts, b) common
stairwells, c) unheated areas or d) unenclosed porches, decks or breezeways.
Back To Top
G
Garage, Private or Household. An enclosed building for the storage of
one or more motor vehicles. No business, occupation or service shall be
conducted in a private garage that is accessory to a dwelling, except as may
be allowed as a home occupation.
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
Section 403.
Glare. A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or ability
to focus.
Group Home. The use of any lawful dwelling unit which meets all of the
following criteria:
1.
Involves the care of the maximum number of persons permitted by the "group
home" standards of
Section 402, and meets all other standards of that Section.
2. Involves persons functioning as a common household.
3. Involves providing non-routine support services and oversight to
persons who need such assistance to avoid being placed within an institution,
because of physical disability, old age, mental retardation or other
"handicap"* as defined by applicable Federal law.
4. Does not meet the definition of a "treatment center."
5. Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
* NOTE: As of 1992, the Federal Fair Housing Act defined "handicap" as
follows: "l) a physical or mental impairment which substantially limits one
or more of such person's major life activities, 2) a record of having such an
impairment, or 3) being regarded as having such an impairment, but such term
does not include current, illegal use of or addiction to a controlled
substance as defined in Section 802 of Title 21."
Back To Top
H
Height. The vertical distance measured from the average elevation of
the average proposed ground level along the front of the building to the
highest point of a structure. For a building with a roof, such height shall be
measured to the highest point of the structural roof. See exemptions for
certain types of structures in Section 802. For height of signs, see
Article VII
entitled "Signs."
Heliport. An area used for the take-off and landing of helicopters,
together with any related support facilities such as for maintenance,
refueling and storage. This Zoning Ordinance is not intended to regulate the
non-routine emergency landing and take-off of aircraft to pick-up seriously
injured or ill persons.
Home Occupation. A routine, accessory and customary non-residential use
conducted within or administered from a portion of a dwelling or its permitted
accessory building that:
A.
Is conducted primarily by a permanent resident of the dwelling;
B. Only involves persons working on the premises who are permanent
residents of the dwelling plus a maximum number of non-residents permitted by
Section 403;
C. Only include uses that are clearly incidental and secondary to the
principal residential use;
D. Specifically does not include a use prohibited as a home occupation
in Section 403.
Home Occupation, Light. A "home occupation" that meets all of the
following types of standards:
A.
Only persons who live within the dwelling shall work within a light home
occupation,
B. A light home occupation is limited to the following types of
activities: a) Office-type or clerical work (such as writing, editing,
drafting, tax preparation, computer programming, computer data inputting,
typing, addressing and sending mail), b) Custom sewing and fabric crafts, c)
Creation of visual arts (such as painting, ceramics, sculpture or wood
carving), or d) Tutoring (such as musical instruction, art instruction or
school-related tutoring).
Home
Occupation, General. A "home occupation" that does not meet the standards
for a "light home occupation," but which meets all other standards for a home
occupation. For example, if a home occupation involves persons working on-site
who do not live on-site, then approval is needed as a general home occupation.
(A general home occupation typically requires conditional use approval.)
Hospital. A use involving the diagnosis, treatment or other medical or
care of humans that includes, but is not limited to, care requiring stays
overnight. A medical care use that does not involve stays overnight shall be
considered a "Medical Office or Clinic." 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 include a hospice for care of the terminally ill.
Hotel, Motel or Inn. A building or buildings including rooms rented out
to persons as clearly transient and temporary living quarters. Any 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, motel or inn may include
a restaurant, nightclub, newsstand or tavern, provided that such uses are
clearly accessory to the principal use of overnight accommodations.
Back To Top
I
Impervious Coverage. The total area of all "Impervious surfaces" on a
lot (including building coverage) divided by the total lot area.
A.
Areas being voluntarily dedicated as common open space may be included in the
acreage for determining impervious coverage of an adjoining lot.
B. The non-impervious coverage may be partially or wholly met by land
that abuts the use, even if such land is in a different zoning district, an
adjoining municipality and an abutting lot, if such land will be deed
restricted as permanent open space and be so clearly stated on official
recorded plans. In such case, the land shall be properly maintained by the
abutting use.
Impervious Surface. Area covered by roofs, concrete, asphalt or other
man-made cover which has a coefficient of runoff of 0.7 or higher. The
Borough Engineer shall decide any dispute over whether an area is
"impervious."
Back To Top
J
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 other than materials
permitted under Section
306.E. Junk shall not include: a) 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, b)
toxic wastes, c) grass clippings, leaves or tree limbs, or d) items clearly
awaiting imminent recycling at an approved recycling use.
Junkyard.
A.
Land or a structure used for the collection, storage, dismantling, processing
and sale, other than within a completely enclosed building, of material of
one or more of the following types:
1.
"Junk." (see definition).
2. A greater number of junk vehicles than is permitted under Section
604 that are partly or fully visible from an exterior lot line, dwelling or
public street. This shall not apply to vehicles allowed to be stored within
the specific requirements of an auto repair garage or auto service station.
3. One or more mobile or manufactured homes that are not in a
habitable condition.
B.
Junk stored within a completely enclosed building for business purposes shall
be considered a warehouse and shall be regulated as a warehouse.
Back To Top
K
Kennel. The keeping of a total of more than 20 dogs or cats over three
months in age on a lot. A non-profit animal shelter is a type of kennel.
Back To Top
L
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" or other person having a proprietary
interest in land. A person who has clearly received formal notarized powers of
attorney relating to a landowner may act in the capacity of the landowner, if
legally authorized.
Lot. A separate parcel of land that is recorded or that will be
recorded after Borough final subdivision approval in the office of the County
Recorder of Deeds. A parcel under common ownership that is completely
separated into two parts by a public street shall be considered to be one
tract but two lots.
Lot, Corner. A lot abutting on two or more intersecting streets.
Lot, Flag. An irregularly shaped lot characterized by an elongated
extension providing access from a street to the principal part of the lot.
Flag lots are not permitted in the Borough.
Lot, Merged. A lot which has resulted from the merger of two or more
abutting non-conforming parcels of land that were held under single ownership.
See
Section 806 which
restricts such parcels from being sold separately.
Lot Area. The horizontal land area contained within the lot lines of a
lot (measured in acres or square feet), but excluding the following:
A.
Areas within the existing legal rights-of-way of: 1) any proposed or existing
public streets or alleys or 2) any proposed or existing commonly maintained
private streets that serve three or more lots;
B. Areas that exist as or will be required to be dedicated as common
open space on a separate lot; and
C. Fifty percent of areas within rights-of-way or easements intended
for overhead electrical lines of 35 kilovolts or higher capacity, which shall
only be excluded for residential lots.
Lot
Depth. The average horizontal distance between the front and the rear lot
fines, measured through the approximate center of the lot.
Lot Lines. The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to be the
existing street right-of-way.
1.
Front Lot Line (Street Line). A lot line separating the lot from the
future street right-of-way.
2. Rear Lot Line. A lot line opposite and most distant from the front
lot line. (A three sided lot has no rear lot line.)
3. Side Lot Line. Any lot line other than a front or rear lot line. A
"side street lot line" is a side lot line separating a lot from a street.
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, the lot width shall be measured using a
straight line from end to end. The lot width shall be measured facing a
street.
Back To Top
M
Manufacture. The making, with substantial use of machinery, of some
product for sale, and associated assembly, fabrication, cleaning, testing,
processing, recycling, packaging, conversion, production, distribution and
repair, with substantial use of machinery, of products for sale. This term
shall not include the following: retail sales, personal services, solid waste
disposal facility, trucking company terminal or petroleum or kerosene refining
or distillation.
Massage Parlor. An establishment that meets all of the following
criteria:
A.
Manipulative exercises are performed using the hands and/or a mechanical or
bathing device on a person's skin other than the face or neck by another
person that is related to certain monetary compensation.
B. The person conducting the massage is not: licensed as a health care
professional or a licensed massage therapist by the State or related to the
person receiving the massage by blood, adoption, marriage or official
guardianship.
C. The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
D. The massages are conducted within private or semi-private rooms.
E. The use is not clearly a customary and incidental accessory use to
a permitted exercise club or to a high school or college athletic program.
Medical Office. A use involving the treatment and examination of
patients by State-licensed physicians or dentists, provided that no patients
shall be kept overnight on the premises. This use may involve the testing of
tissue, blood or other human materials for medical or dental purposes.
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 are 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. This use shall not include a target range for outdoor
shooting, boarding house, a tavern, a restaurant, retail sales or an
auditorium unless that particular use is permitted in that District and the
requirements of that use are met. See also "After Hours Club." This use shall
not include a motor vehicle race track.
Mineral Extraction. The removal from the surface or beneath the surface
of the land of bulk mineral resources using significant machinery. "Mineral
extraction" includes but is not limited to the extraction of sand, gravel,
topsoil, limestone, sandstone, coal, clay, shale and iron ore, but shall not
include: a) removal of material from the ground to solely to provide routine
fill, or b) routine movement of and replacement of topsoil during
construction.
Mobile/Manufactured Home. See under "Dwelling Types."
Mobile/Manufactured Home Park. A parcel of land under single ownership
which has been planned and improved for the placement of three or more
mobile/manufactured homes for non-transient residential use. The individual
manufactured homes may be individually owned. A development of mobile/
manufactured homes with each dwelling on its own subdivided and approved
individual lot of record 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."
Motel. See "Hotel."
Motor Vehicle Race Track. A use involving competitive driving of motor
vehicles involving speeds routinely exceeding 30 miles per hour, other than
driving upon a public street.
Municipalities Planning Code or State Planning Code. The Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988.
Back To Top
N
Night Club. A tavern or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages, which
frequently charges admission or cover charges for entertainment or music for
dancing and which has a capacity of more than 250 persons for such
entertainment or dancing.
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
Zoning Ordinance or is legally established through the granting of a variance
by the Zoning Hearing Board, and which is not abutted by other undeveloped
land owned by the same owner.
Nonconforming Structure. A structure or part of a structure manifestly
not designed to comply with the applicable lot area, dimensional and other
provisions in this Zoning Ordinance, as amended, where such structure lawfully
existed prior to the enactment of Zoning Ordinance or applicable amendment.
Nonconforming structures include but are not limited to signs.
Nonconforming Use. A use, whether of land or of a structure, which does
not comply with the applicable use provisions in this Zoning Ordinance or
amendments heretofore or hereafter enacted, where the use was lawfully in
existence prior to the enactment of this Zoning Ordinance or applicable
amendment.
Nursing Home. A facility licensed by the State for the housing and
intermediate or fully-skilled nursing care of three or more persons.
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 or dental offices, clinics or laboratories, photographic
studios and television or radio broadcasting studios.
Back To Top
O
Official Street Classification Map. The map as adopted by the Borough
Council classifying the streets of the Borough. See definition of "Street
Classification." This map may be amended by resolution of the Borough Council.
Official Zoning Map. The map as adopted by the 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:
A.
Is designed, intended and suitable for active or passive recreation by
residents of a development or the general public;
B. If not intended to be publicly owned, is covered by a system for
perpetual maintenance;
C. Will be deeded to the Borough or deed restricted to permanently
prevent uses of land other than "common open space" and non-commercial
recreation; and
D. Does not use any of the following areas to meet minimum open space
requirements: 1) existing or future street rights-of-way, 2) accessways, 3)
buildings (other than accessory buildings and pools clearly intended for
noncommercial recreation), 4) off-street parking (other than that clearly
intended for noncommercial recreation), 5) any area needed to meet a
requirement for an individual lot, 6) any area deeded over to an individual
property owner for their own use, or 7) land with rights-of-way intended
eventually for overhead electrical transmission of 35 kilovolts or greater
capacity.
Ordinance. The Borough Zoning Ordinance, including the Official Zoning
Map and Official Street Classification Map, as amended.
Back To Top
P
Paved Area. All areas covered by gravel or impervious surfaces, other
than areas covered by buildings, bicycle paths and pedestrian sidewalks.
PennDOT. The Pennsylvania Department of Transportation, or its
successor, and its subparts.
Permit. A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
A.
Zoning Permit. A permit issued indicating that a proposed use, building
or structure is, to the best knowledge of the Borough Staff, in accordance
with this Zoning Ordinance and which authorizes an applicant to proceed with
said use, building or structure, within all other applicable laws and
regulations. For the purposes of this Zoning Ordinance, a zoning permit or "a
permit under this Zoning Ordinance" shall mean the applicable portions of a
construction permit, unless a specific system of zoning permits has been
established.
B. Construction Permit. A permit indicating that a proposed
construction, alteration, or reconstruction of a structure is, to the best
knowledge of the Borough Staff, in accordance with the provisions of the
Building Code which may be adopted by the Borough.
Permitted By Right Uses. Uses that do not have to be approved as uses by
the Zoning Hearing Board or the Borough Council. (A site plan review by the
Planning Commission and the Borough Council is required for certain permitted
by right uses to ensure that the use would comply with all Borough
ordinances.) A "nonconforming use" shall not be considered to be a "permitted
use.
Personal Care Home or Center. A residential use providing residential
and support services primarily to persons who are over age 60, physically
handicapped or developmentally disabled and that is licensed as a Personal
Care Center by the Commonwealth of Pennsylvania.
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."
Pets, Keeping of. The keeping of domestic animals 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.
Picnic Grove, Private. An area of open space and pavilions that is not
publicly owned and which is rented for picnics and outdoor recreation.
Places of Worship. Buildings, synagogues, churches, religious retreats,
monasteries, seminaries and shrines used primarily for religious or spiritual
worship and that are operated for nonprofit and noncommercial purposes. A
place of worship may include one dwelling unit as an accessory use for housing
of employees of the place of worship and their family. If a religious use is
primarily residential in nature, it shall be regulated under the appropriate
"dwelling".
Planning Commission. The Planning Commission of the Borough of
Schuylkill Haven.
Plant Nursery. The indoor or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry or
lumber. A plant nursery may include the growth of trees for sale for internal
decoration of homes, such as a Christmas tree farm.
Principal Building. The building in which the principal use of a lot is
conducted. Any building that is physically attached to a principal building
shall be considered part of that principal building.
Principal Use. A dominant use or main use on a lot, as opposed to an
accessory use.
Publicly-Owned Recreation. Land or structures that are owned by a
government agency or the Borough and are available for use by the general
public for leisure and recreation.
Back To Top
R
Recreation, Private. Non-commercial leisure-time uses that are only
open to members and their occasional invited guests or persons within a
specific group reserved in advance.
Recreation, Commercial. Leisure-time uses that are primarily operated
for commercial purposes.
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, an emergency services station or a
college or university.
Related or Relative. Persons who are closely related by blood,
marriage, adoption or formal foster relationship to result in one of the
following relationships: brother, sister, parent, child, grandparent,
great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew,
sister-in-law, brother-inlaw or parent-in-law. For the purposes of child day
care regulations, "relative" may also include a first cousin. This term shall
not include relationships such as second cousins or cousins further removed.
Repair Service. Shops for the repair of appliances, watches, guns,
bicycles and other household items.
Residential Accessory Building, Structure 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, Volleyball Court, Gazebo, Storage Shed, Greenhouse,
Children's Playhouse and Children's Play Equipment. For skateboard ramps, see
Residential Accessory Structure Standards in Section 403.
Residential District. The R1, R2, and R3 Zoning Districts.
Residential Lot Lines. The lot line of a lot that: 1) contains an
existing dwelling on a lot of less than ten acres or b) is undeveloped and
zoned as a Residential District.
Restaurant.
A.
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.
B. A fast-food 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.
C. A restaurant shall not include a use meeting the definition of a
"nightclub" or an "after-hours club."
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. Land reserved for the public or others for use as a
street or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing street right-of-way line.
A.
Right-of-Way, Existing or Legal. The line separating a lot from the
established official street right-of-way that either the Borough or the
Commonwealth will own after the completion of any proposed subdivision, land
development or development of a use under this Zoning Ordinance.
B. Right-of-Way, Future or Ultimate. Land that is dedicated or is
required to be defined or reserved for future dedication for use as a street
and for related public improvements. The terms "ultimate right-of-way",
"right-of-way reserved for future dedication" and "future right-of-way" shall
have the same meaning. If a future right-of-way is not required to be
defined, then future right-of-way shall have the same meaning as existing
right-of-way.
Back To Top
S
Sanitary Landfill (or Solid Waste Landfill). A type of "Solid Waste
Disposal Area" involving the depositing of solid waste on land, compacting the
waste and covering the waste with soil and which has a permit to operate as a
sanitary landfill from the State.
Satellite Dish Antenna or "Satellite Antenna". A ground-based
reflector, usually parabolic in shape, that receives electronic signals from a
satellite. This term shall also include any pedestal or attached structure.
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."
Screening. Year-round plant material of substantial height and density
designed to buffer an intense use from another use or street. See requirements
in Section 803.D.
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.
Septage. Materials pumped from a residential on-lot septic treatment
system that was installed and is maintained in compliance with DEP
regulations.
Setback Line.
A.
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.
B. 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 Section 803.B.
C. Unless otherwise stated, setback distances are for both accessory
and principal structures.
D. 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.
Sewage Disposal System. A system to collect, treat and dispose of
sewage.
A.
Central Sewer Service. Service at the time of occupancy of a use by a
sewage treatment system that serves a minimum of 20 dwelling units or five
principal non-residential uses.
1.
Public Sewer Service. Service at the time of occupancy of a use by a
central sewage treatment plant that is owned by a municipality or a
municipal or county authority.
B.
On-Lot or Non-Public Sewer Service. Any form of sewage service permitted
under local, State and Federal law that does not meet the definition of
"central sewer service."
Sewage
Sludge. Land Application of. The spreading on land of the treated
conditioned accumulated settled solids and similar stabilized residue from
septic and holding tank pumping and sewage treatment systems.
Shopping Center. A use involving five or more retail or personal
service uses or establishments and that primarily involves retail sales. A
shopping center may also include a mix of permitted personal service, office
and commercial recreation uses.
Sight Distance. An area required to be kept free of visual obstruction.
See
Section 803.
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 Sections
711 and
703. 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
Section 711.
Sign, Off-Premise. 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. This includes signs commonly called
"billboards."
Site Plan Review. Review of a site plan by the Planning Commission
and/or the Borough Council that is required for certain uses under
Article I.
Slope. The vertical change of an area of land divided by the horizontal
change, measured in percent.
Solicitor. Unless otherwise stated, shall mean the appointed Solicitor
to the Borough of Schuylkill Haven Borough Council.
Solid Waste.
A.
Any garbage, refuse, sewage sludge or other discarded material, including
solid, liquid, semi-solid or contained gaseous material resulting from
industrial, institutional, public, household or commercial activities.
B. For the purposes of this Zoning Ordinance, the following materials
shall not be considered to be solid waste: 1) portions of trees or shrubs,
leaves, mulch and rocks, 2) substances legally disposed of into the air or
water through a Federal or State pollution discharge permit, 3) customary
residual wastes from a permitted mineral extraction use or 4) materials of a
character such as paper, plastic, aluminum and metal that have clearly been
separated from the waste stream for recycling.
Solid
Waste Facility.
A.
Land or structures where solid waste is processed, incinerated or disposed
of. This shall only include the following facilities, each of which shall be
required to have all permits required by the State in place prior to
initiation of the use: sanitary landfill, solid waste transfer facility or
solid waste-to-energy facility.
B. The following uses for the purposes of this Zoning Ordinance shall
not be considered to be a solid waste disposal facility: junkyard, recycling
collection center, leaf composting, clean fill or septage or sludge
application.
Solid
Waste-to-Energy Facility. A type of "Solid Waste Disposal Facility" that
utilizes waste (such as trash, sludge or any other nonhazardous commercial,
residential or industrial materials) as a fuel to produce usable energy (such
as steam or electricity) in bulk to be marketed for reuse to offset disposal
costs.
Solid Waste Transfer Facility. A type of "Solid Waste Disposal
Facility" which receives and temporarily stores solid waste at a location
other than the generation site, and which facilitates the bulk transfer of
accumulated solid waste to a facility for further processing or disposal, and
which may or may not involve the separation of recyclables from solid waste.
Special Exception. A use requiring zoning approval by the Zoning
Hearing Board within the standards and procedures of
Article I.
Specified Sexual Activities. One or more of the following:
A.
Human male genitals in a visible state of sexual stimulation.
B. Acts of human masturbation, sexual intercourse, oral sex or sodomy.
C. Fondling or other erotic touching of human genitals.
State.
The Commonwealth of Pennsylvania and its agencies.
State Planning Code. The Pennsylvania Municipalities Planning Code, Act
247 of 1968, as amended by Act 170 of 1988 and as may be further amended.
Storage Shed. An enclosed accessory building maintained primarily for
the convenience of the occupants of the principal building on the lot and
which is not used for the housing of a motor vehicle with four or more wheels.
Story (and Half-Story). A level of a building routinely accessible to
humans having an average vertical clearance six feet or greater shall be
considered a full story, except as provided for in the definition of
"basement." Any level of a building having an average vertical clearance from
floor to ceiling of less than six feet shall be considered a "half-story."
Street. A public or private thoroughfare which provides the principal
means of vehicle access to abutting 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.
Street Center Line. The center of the existing street right-of-way or,
where such cannot be determined, the center of the traveled cartway.
Street Classification. The functional classification of streets into
the following types, as shown on the Official Street Classification Map for
existing streets and as determined by the Borough Engineer for future streets:
A.
Arterial Street. Designed for high volumes and moderate speed traffic, with
an emphasis on carrying through-traffic and providing access to abutting
non-residential uses.
B. Collector Street. Designed to carry a moderate volume of traffic to
carry traffic from local streets to arterial streets.
C. Local Street. Designed primarily to provide access to the abutting
properties and to carry this traffic to collector streets.
Structure. Any man-made object, whether or not affixed to the land,
subject to the following specific standards:
A.
The following specifically shall be considered to be structures: buildings,
signs, stadiums, platforms, communications towers, walkways, porches or decks
that are covered by a permanent structure, swimming pools (whether above or
below ground), storage sheds, carports, and garages.
B. Any structure shall be subject to the principal or accessory
setbacks of this Zoning Ordinance, as applicable, unless specifically
exempted or unless a specific setback is established for that particular type
of structure by this Zoning Ordinance.
Subdivision. See the definition in the Borough Subdivision and Land
Development Ordinance.
Subdivision Ordinance or Subdivision and Land Development Ordinance.
The Borough of Schuylkill Haven Subdivision and Land Development Ordinance, as
amended.
Swimming Pool, Household. A man-made area with walls of man-made
materials intended to enclose water at least 30 inches deep for recreational
bathing or swimming and that is intended to serve the residents of only one
dwelling unit and their occasional guests.
Swimming Pool, Non-Household. A man-made area with walls of man-made
materials intended to enclose water at least 30 inches deep for recreational
bathing or swimming and that does not meet the definition of a "household"
swimming pool. This includes: 1) a "semi-public" pool that serves only
residents of a development or members of a club and their occasional guests or
2) a "public" pool intended to serve the general public. See also provisions
at the end of Section 306 which permit "Recreational Facilities" limited to
use by employees of a use or residents of a development as an accessory use.
Back To Top
T
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.
Theater, Outdoor Drive-In. An outdoor area devoted primarily to the
showing of motion pictures or theatrical productions to patrons seated in
motor vehicles.
Tire Storage, Bulk. The storage of more than 250 tires on a lot, except
for manufacture or wholesale or retail sales of new tires.
Townhouse. See "Dwelling Types."
Tract. In certain zoning districts, the tract is the minimum amount of
adjacent land area (which may be separated by alleys, streets or waterways)
within the Borough that is required to be approved as part of an overall
preliminary subdivision or land development plan in order to allow either
certain types of uses or to allow the creation of lots smaller than a certain
specified lot area. An area of land shall meet the following requirements in
order to be considered a "tract:"
A.
Shall only include lands within a submitted preliminary plan that includes a
well-defined internal circulation system, maximum coordination between lots
and carefully limited points of vehicular access onto streets exterior to the
tract: and
B. Shall only include lands that at the time of the approval of the
preliminary plan have one "landowner" (as defined by
Article II),
unless the applicant proves to the satisfaction of the Zoning Officer that
there is a legally binding commitment between two or more "landowners" to
coordinate the access and development of the tract as shown in the approved
preliminary plan.
Trade School. A use that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily provide
State-required education to persons under age 16. This shall include a dancing
school, martial arts school or ceramics school.
Treatment Center. A use (other than a prison or a permitted accessory
use in a "hospital") providing housing for persons who need specialized
housing, treatment or counseling for stays of less than one year and who need
the housing because of:
A.
Criminal rehabilitation, such as a criminal half-way house or a treatment
center for persons convicted of driving under the influence of alcohol;
B. Addiction to alcohol or a controlled substance; or
C. A type of mental illness or other behavior that could cause a
person to be a threat to the physical safety of others. (For housing of
persons with other types of mental illness, see "Group Home.")
Trucking
Company Terminal. A use involving a large variety of materials, including
materials owned by numerous corporations, being transported to a site to be
unloaded primarily from tractor-trailer trucks and reloaded onto
tractor-trailer trucks. This shall not include a use that involves significant
processing, such as a feed and grain mill. A use that primarily involves
either loading materials from tractor-trailers onto smaller trucks or loading
materials from smaller trucks onto tractor-trailers shall be considered a
"distribution" use.
Back To Top
U
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 building, activity outside of a building, any structure, recreational
vehicle storage or parking of commercial vehicles on a lot.
Back To Top
V
Variance. The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or after land or structures in such a way that
compliance is not required with a specific requirement of the Zoning
Ordinance. Any variance shall only be granted within the limitations of the
PA. Municipalities Planning Code.
Veterinarian Office. A building routinely used for the treatment of
animals and related accessory housing or boarding of sick animals. Housing of
primarily healthy animals shall be considered a "kennel" and shall meet the
requirements of that use.
Back To Top
W
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.
Water System. A system designed to transmit water from a source to
users, in compliance with the requirements of the appropriate state agencies
and the Borough.
A.
Central Water Service. Service by a central water system that is owned
and operated by a) a municipality, b) a municipal or county authority or c) a
water company regulated by the State Public Utility Commission, and which
transmits water from a common source to more than 30 dwellings or principal
uses.
1.
"Public" Water Service. Central water service by a system owned by a
municipality or a municipal or county authority.
B.
On-Lot or Non-Public Water Service. Service by a water system that does
not meet the definition of a "central water service." In most cases, this
would involve an individual well serving an individual lot, but may also
include a common well or another duly approved system.
Wetlands. An area of land or water meeting one or more definitions of a
"wetland" under Federal or Pennsylvania law or regulations.
(NOTE.- As
of 1996, the following was the official U.S. Army Corps of Engineers'
definition of wetlands: "Those areas that are inundated or saturated by
surface or groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas". Wetlands are technically
defined on the basis of types of vegetation and soils and the level of the
water table below the surface. As of 1996, the U.S. Army Corps of Engineers
and DEP enforce the wetlands regulations.)
Wholesale. Sales that primarily involve transactions with other
businesses and their agents and not to the general public.
Back To Top
Y
Yard. An area not covered by buildings and that is on the same lot as
the subject structure or use. Regulations of specific districts prohibit
principal and accessory structures within specified required minimum yards.
Yard, Front. A "yard" measured from the front lot line (which is the
future 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.
A.
The front yard shall be on a side that faces towards a public street,
whenever one public street abuts the lot.
B. When a lot abuts onto two or more public streets, the applicant may
choose which is the front yard, unless the Zoning Officer determines that the
front yard should follow the clearly predominant front yard orientation of
the development of abutting lots.
C. No accessory or principal structure shall extend into the required
front yard, except as provided in this Zoning Ordinance.
Yard, Rear. A "yard" extending the full-width of the lot measured from
the rear lot line and that stretches between the side lot lines parallel to
the rear lot line. A principal building shall not extend into the required
rear yard 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 Zoning Ordinance.
Yard, Side. A "yard" measured from the side lot line, and extending
from the front lot line to the rear lot line. A structure shall not extend
into the applicable minimum side yard, except as provided for in this Zoning
Ordinance.
Back To Top
Z
Zoning Map. The Official Zoning Map of the Borough of Schuylkill Haven,
Schuylkill County, Pennsylvania.
Zoning Officers. The administrative officers charged with the duty of
enforcing the provisions of the Zoning Ordinance, or their officially
designated assistants.
Zoning Ordinance. The Borough of Schuylkill Haven Zoning Ordinance, as
amended.
Back To Top
Schuylkill Haven Home Page
Schuylkill
Haven Zoning Ordinance Table of Contents
C.
"Should" means that it is strongly encouraged, but is not mandatory. "Shall" is
always mandatory.
D. "Sale" shall also include rental".
E. The singular shall include the plural and vice-versa. The masculine
gender shall include the feminine and neuter, and vice-versa.
F. If a word is not defined in this Zoning Ordinance, but is defined
in the Borough Subdivision and Land Development Ordinance, as amended, the
definition in the Subdivision and Land Development Ordinance shall apply.
If a word is defined in both this Zoning Ordinance and another Borough
ordinance, each definition shall apply to the provisions of each applicable
Ordinance.
G. Any word or term not defined in this Zoning Ordinance or in the
Borough Subdivision and Land Development Ordinances, as amended, shall be used
with its plain and usual meaning within the context of the Section. A standard
reference dictionary should be consulted.
H. The words "such as", "includes", "including", and "specifically"
shall provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples would
otherwise comply with the provisions.