ARTICLE II
Definitions and Word Usage

~ 287-6. Word usage.

    Unless otherwise expressly stated, the words and phrases listed in this article shall be construed throughout this chapter to have the meanings indicated herein. The present tense includes the future; the singular number includes the plural, and the plural the singular; the masculine gender includes the feminine and neuter; the word "used" includes the words "designed, arranged or intended to be used"; the word "person" includes any individual, partnership, firm, association, corporation or organization; the word "occupied" includes the words "designed or intended to be occupied"; the word "may" is permissive; and the word "shall" or "must" is always mandatory. The word "borough" means Downingtown Borough, Chester County, Pennsylvania; the term "Borough Council" or "Council" means the Borough Council of Downingtown Borough; the term "Zoning Hearing Board" means the Zoning Hearing Board of Downingtown Borough; and the term "Planning Commission" means the Planning Commission of Downingtown Borough. When terms, phrases or words are not defined, they shall have their ordinarily accepted meanings or such as the context may imply.

~ 287-7. Terms defined.

    As used in this chapter, the following terms shall have the meanings indicated:

        ABANDONMENT -- An intentional and absolute relinquishment and cessation of a use with no intention to resume such use.

        ACCESSORY USE OR STRUCTURE -- A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure.

        AGRICULTURE -- Activities which involve the raising of food, plants, poultry and livestock, including but not limited to crop production and nurserying.

        ALLEY -- A right-of-way, owned and maintained by the borough, which serves as a secondary means of access to two or more lots.

        ANTENNA -- Any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television or personal wireless services. For the purposes of this chapter the term "antenna" does not include any tower and antenna under 50 feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service or any cable television head end or hub towers and antennas used solely for cable television services. [Added 4-21-1999 by Ord. No. 99-5]

        APARTMENT -- See "dwelling or dwelling unit."

        APPLICANT -- A landowner or developer, including his heirs, successors and assigns, who has filed an application for subdivision or land development.

        AUTO BODY SHOP -- A facility used for major repairs to the bodies and frames of automobiles and other motor vehicles, including spray painting, but not including the sale of gasoline, oil, diesel or other motor fuels.

        BASE FLOOD -- The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for purposes of this chapter, the one-hundred-year flood.

        BASE FLOOD ELEVATION -- The one-hundred-year-flood elevation. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain which is nearest to the site in question.

        BASEMENT -- An enclosed portion of a building located partly underground, but having less than 50% of its clear floor-to-ceiling height below the average grade of the adjoining exterior ground level. It shall be considered a building story if more than 33 1/3% of the perimeter walls are five feet or more above grade and if the net area of the door or window openings in the exterior walls is at least equal to 10% of the enclosed floor area. For purposes of ~ 287-12 concerning floodplain management, the term means any area of the building having its floor subgrade (below ground level) on all sides. [Amended 11-6-1996 by Ord. No. 96-16]

        BED-AND-BREAKFAST FACILITY -- A use accessory to an owner-occupied, single-family detached dwelling, consisting of guest rooms available for short-term, overnight rental and the provision of breakfast service to overnight guests.

        BUFFER -- A strip of required yard space adjacent to a use or facility within a property or to the boundary of a property or district on which is located a visual barrier of sufficient height and density to appropriately limit views of the property or use.

        BUILDING -- A structure, consisting of enclosing walls and a roof, which is used to shelter human or animal activity and/or for the enclosure or storage of goods and materials. Any mobile home or similar structure constructed off-site prior to placement on the ground also is a "building."

        BUILDING COVERAGE -- The relation of the total ground floor area of all buildings on a lot to the area of the lot on which they are located.

        BUILDING LENGTH -- The longest horizontal dimension of a building, drawn along the building center line.

        BUILDING, PRINCIPAL -- A structure in which is conducted, designed to be conducted or intended to be conducted the primary use of the lot on which it is located.

        BUILDING SETBACK LINE -- The line which establishes the depth of the front yard sufficient to provide for the minimum lot width or to provide for the minimum front yard requirements, whichever is closer, for the particular district as measured from the street line.

        BULK -- The height and size of buildings or other structures and their relationship to each other; to open areas, such as yards and open spaces; and to lot lines, and the relationship of the number of dwelling units in a residential building to the area of the lot

        CAR WASH -- A building or portion thereof which contains facilities, including but not limited to automatic and/or self-service, for washing and cleaning motor vehicles, using either production-line methods with a conveyor, blower and other mechanical devices or using limited mechanized equipment and employing hand labor.

        CELLAR -- An enclosed portion of a building located partly or wholly underground and having 50% or more of its clear floor-to-ceiling height below the average grade of the adjoining exterior ground level.

        CLEAR CUTTING -- The felling of all trees on a tract of land or any portion thereof at one time.

        CLUB or LODGE -- A building used by an organization catering to members and their guests, having as its primary purpose fraternal, social, educational or charitable group activities.

        COMMERCIAL OR INDUSTRIAL FACILITY -- Any use of land or buildings that is subject to the regulations contained in Ch. 109, Building Construction. Such uses are primarily, but not exclusively, commerce, industry and multifamily residential.

        CONSTRUCTION -- The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of a mobile home.

        CONVALESCENT HOME -- See "nursing home."

        CONVERSION -- The creation of two dwelling units within an existing single-family detached dwelling, with the resulting units each having independent kitchen, bath and sleeping facilities.

        CUL-DE-SAC -- A local street intersecting another street at one end and terminated at the other end by a permanent vehicular turnaround.

        DAY-CARE FACILITY -- Land and buildings where daytime care or instruction is provided for more than six but fewer than 50 individuals, including staffed professional supervision necessary to serve such purpose.

        DBH -- The diameter of a tree at breast height, usually measured 3.5 feet from the ground surface.

        DENSITY, GROSS -- The area of the lot or tract, as defined by this chapter, divided by the total number of dwelling units, expressed in units per acre.

        DEVELOPER -- Any landowner, agent of such landowner or tenant with the permission from a landowner who makes or causes to be made the improvements associated with any use or activity permitted by this chapter or with any approved subdivision or land development.

        DEVELOPMENT -- Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations, and the subdivision of land and the storage of materials or equipment. [Amended 11-6-1996 by Ord. No. 96-16]

        DUPLEX -- See "dwelling or dwelling unit"

        DWELLING or DWELLING UNIT -- A building or entirely self-contained portion thereof containing complete housekeeping facilities, for occupancy by only one family, including any domestic servants living or employed on the premises, with no enclosed space, other than vestibules, entrance or other hallways or porches, in common with any other dwelling unit. "Dwellings" may be classified as follows:

        A. SINGLE-FAMILY DETACHED -- A building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.

        B. TWO-FAMILY [Amended 3-5-1997 by Ord. No. 97-2] -- A building containing two dwelling units limited to twin or duplex:

            (1) TWIN -- A building containing two dwelling units, separated by a party wall, each having independent outside access and open space on three sides.

            (2) DUPLEX -- A building containing two dwelling units from ground to roof, each of which has independent outside access and open space on all sides.

        C. MULTIFAMILY -- A building containing three or more dwelling units, including but not limited to four-family dwellings (fourplex, quadraplex), townhouses (single-family attached) and apartment buildings:

            (1) FOUR-FAMILY DWELLING (FOURPLEX, QUADRAPLEX) -- A building containing four dwelling units, each of which has independent outside access, two nonparallel walls in common with adjacent dwelling units and open space on two nonparallel sides.

            (2) TOWNHOUSE (SINGLE-FAMILY ATTACHED) -- A building containing dwelling units separated by parallel party walls, each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open space to the front and rear (internal units) or front, rear and one side (end units).

            (3) APARTMENT -- A building containing three or more dwelling units separated by party walls which may have more than one dwelling unit from ground to roof and common outside accesses.

        EASEMENT -- A permanent right granted for limited use of private land, normally for a public purpose (e.g., utility, drainage, public access). The owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

        EASEMENT, CONSERVATION -- A legal agreement between a property owner and an appropriate conservation organization or governmental entity through which the property owner establishes certain use restrictions over all or portions of the property for conservation purposes.

        EDUCATIONAL USE -- Land or building(s) used for the establishment and maintenance of a public or private college, secondary or elementary school or other educational institution for academic, moral or spiritual pursuits or the development of physical or manipulative skills, excluding spas or similar commercial activities.

        ENLARGEMENT -- An addition to the floor area of an existing building, an increase of size of another structure or an increase in that portion of a lot occupied by an existing use.

        ENTERTAINMENT AND RECREATION -- Establishments engaged in providing entertainment or recreation open to all age groups for a fee or admission charge. [Added 9-3-1997 by Ord. No. 97-8]

        FAMILY:

        A. A single person occupying a dwelling unit and maintaining a household;

        B. Two or more individuals living together on a nontransient basis as a single housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption, including foster children and including not more than two boarders, roomers or lodgers;

        C. A maximum of three children or adults requiring special care or supervision who are under the twenty-four-hour or full-time care of resident parents or persons acting in loco parentis (i.e., the occupants of a group home as defined in this chapter); or

        D. No more than three unrelated individuals living together as a single housekeeping unit and doing their cooking in one kitchen on the premises. [Amended 2-23-2000 by Ord. No. 2000-01]

        FAMILY DAY-CARE HOME -- Day-care services provided in a dwelling, other than a multifamily dwelling, for more than three, but not more than six individuals, all of whom need not be related to the caregiver, when in compliance with the terms of ~ 287-92 of this chapter. [Amended 10-2-1996 by Ord. No. 96-13]

        FENCE -- Any freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh or masonry, singly or in combination with other materials, 2 1/2 feet in height or higher, erected to secure or divide one property from another or part of a property from a remaining part, to assure privacy, to protect the property so defined or to enclose all of or part of the property; a freestanding masonry wall is considered a "fence."

        FILL -- Material, exclusive of structures, placed or deposited so as to form an embankment or raise the surface elevation of the land. Such material shall be in accordance with the standards in ~ 287-12I(1)(d) of this chapter unless otherwise approved by the Borough Engineer.

        FLEX-SPACE -- A multipurpose, nonresidential building under single ownership, generally containing office, light industrial/assembly and/or shipping and distribution uses, constructed so that interior space is readily adaptable to the particular needs of the occupant.

        FLOOD -- A general and temporary inundation of normally dry land from the overflow of streams, rivers or other waters of the Commonwealth of Pennsylvania.

        FLOOD FRINGE -- That portion of the floodplain outside the floodway.

        FLOOD, ONE-HUNDRED-YEAR -- The highest level of flooding that, on the average, is likely to occur every 100 years, i.e., that has a one-percent chance of occurring each year, as delineated by maps and related materials developed by the Federal Emergency Management Agency for the National Flood Insurance Program.

        FLOODPLAIN -- A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation; an area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

        FLOODPROOFING -- Any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduces or eliminates flood damage to lands, water and sanitary facilities, structures and contents of buildings.

        FLOODWAY -- The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of carrying and discharging the waters of the one-hundred-year flood.

        FLOOR AREA -- The sum of the area of the several floors of a building or buildings measured from the face of the exterior walls or from center lines of walls separating two buildings. In particular, floor area includes but is not limited to the following:

        A. Basement space, if it meets the requirement of a building story.

        B. Elevator shafts, stairwells and attic space, whether or not a floor has been laid, providing structural headroom of eight feet or more.

        C. Roofed terraces, exterior balconies or breezeways, where over 50% of the perimeter is enclosed; a closed porch, as defined herein.

        D. Any other floor space used for dwelling purposes, no matter where located within the building.

        FOOD-PROCESSING PLANT -- Manufacturing plant designed to process food products for sale, other than meat from animals, and which processing may include the cooking, baking and packaging of such products.

        FOURPLEX -- See "dwelling or dwelling unit."

        GAMING -- A use which provides facilities or at which persons assemble for the purpose of any activity which involves lawful gambling or wagering, including without limitation those facilities and activities for pari-mutual wagering on thoroughbred and/or harness horse races remote from any race tracks and governed by and licensed pursuant to the Race Horse Industry Reform Act, the Act of December 17, 1981, P.L. 435, as it shall be from time to time amended, 4 P.S. ~ 325.101 et seq. Gambling and wagering shall include any activity, game or device at which money or other valuable things may be played for or staked or betted upon and in which, by the rules of the activity, game or device, a consideration is paid by the players or participant and a reward is paid to players or participants as a consequence of some element of chance. A use otherwise permitted shall not constitute a gambling or wagering facility solely on account of the installation of facilities and devices pursuant to the State Lottery Law, the Act of August 26, 1971, P.L. 351, as amended, 72 P.S. ~ 3761-1 et seq. [Added 9-3-1997 by Ord. No. 97-8]

        GARAGE, PRIVATE -- An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and in which no business, service or industry connected directly or indirectly with motor vehicles is conducted.

        GARDEN/STORAGE SHED -- An accessory building no greater than 100 square feet nor exceeding eight feet in height for the storage of lawn, garden and swimming pool equipment or similar domestic items.

        GOVERNING BODY -- The Borough Council for the Borough of Downingtown. [Added 4-21-1999 by Ord. No. 99-5]

        GROSS TRACT AREA -- The total land and water surface area contained within the boundaries of a tract.

        GROSS LEASEABLE AREA -- The total floor area of any building or structure in which some or all spaces are leased.

        GROUP HOME -- A residential facility used as living quarters by a maximum of three unrelated persons, consisting of children or adults requiring special care, and their attending supervisors. A group home is specifically designed to create a single-family residential setting. The individuals requiring special care must be deemed permanent residents, and their supervisors must provide twenty-four-hour or full-time equivalent coverage of the facility.

        HEALTH CARE AND PHYSICAL FITNESS AND REHABILITATION -- A commercial establishment open to the public for a fee that provides services and facilities for physical fitness training, which includes but is not limited to swimming, handball and racket sports. Spas, clubs and other similar facilities featuring exercise for other active physical conditioning shall also be considered a "health-care and fitness club." Such uses may include restaurants as accessory uses and the sales of necessary equipment used in the activities provided. [Added 9-3-1997 by Ord. No. 97-8]

        HEIGHT OF BUILDING -- A building's vertical measurement from the mean level of the ground surrounding the building to the highest point of the roof, provided that chimneys, spires, towers, elevators and other unoccupied utility penthouses, tanks and similar projections shall not be included in calculating the height.

        HELIPORT -- An area to accommodate all phases of operation of rotor-wing aircraft (helicopters) with suitable space to allow development of service facilities as desired.

        HELISTOP -- An area on a roof or on the ground to accommodate touchdown and liftoff of rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo, with no service facilities.

        HISTORIC RESOURCES -- Sites, buildings and/or structures within the East Lancaster Avenue National Register of Historic Places District, or National Register of Historic Places Sites, as shown on the Historic Resources Overlay District Map. [Added 12-1-1999 by Ord. No. 99-14]

        HISTORIC RESOURCES OVERLAY DISTRICT -- The East Lancaster Avenue Register of Historic Places District, as shown in the Historic Resources Overlay District Map dated August 16, 1999. [Added 12-1-1999 by Ord. No. 99-14]

        HISTORIC STRUCTURE [Added 11-6-1996 by Ord. No. 96-16] -- Any structure that is:

        A. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

        B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

        C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

        D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

            (1) By an approved state program as determined by the Secretary of the Interior; or

            (2) Directly by the Secretary of the Interior in states without approved programs.

        HOME OCCUPATION -- An accessory use constituting entirely or partly the livelihood of person(s), when in compliance with the terms of ~ 287-92 of this chapter. [Amended 10-2-1996 by Ord. No. 96-13]

        HORTICULTURAL USE -- Any use relating to the raising, propagating and wholesale and/or retail sale of trees, shrubs, flowers and other vegetative materials, to include the sale of mulch, fertilizer and related garden items; and greenhouses. [Added 9-11-1991 by Ord. No. 91-19]

        HOSPITAL -- A facility providing primary health services and medical or surgical care to persons, primarily inpatient, suffering from illness, disease, injury, deformity or other abnormal physical or mental conditions, and including, as an integral part thereof, related facilities, such as laboratories, outpatient facilities or training facilities.

        IMPERVIOUS SURFACE -- Material which is impenetrable and unable to absorb water, including but not limited to buildings, structures and paved areas.

        INSTITUTION -- A residential property used by four or more unrelated occupants for a common, lawful purpose (e.g., educational, recreational, religious, therapeutic, rehabilitative, correctional), including, where necessary to serve such purpose, continually staffed professional supervision.

        JUNKYARD -- An area of land, with or without buildings, used for storage outside a completely enclosed building of used and discarded materials, including but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery or vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked or disabled vehicles or the major parts thereof is a "junkyard."

        KENNEL -- A place for the keeping, breeding and/or boarding of more than four dogs for commercial purposes.

        LABORATORY -- A building or group of buildings in which are located the facilities for scientific research, investigation, testing, and experimentation, but not including the manufacture of products for sale, except as an accessory use.

        LAKE (or POND) -- A body of water, natural or man-made, containing a permanent pool of water with side slopes no less steep than 10 to 1. A lake or pond may be utilized for stormwater management purposes.

        LAND DEVELOPMENT:

        A. Any of the following activities:

            (1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

                (a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

                (b) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

            (2) A subdivision of land.

        B. Those activities described in Section 503(1.1) of the Municipalities Planning Code shall not be considered "land developments" for purposes of this chapter.

        LANDOWNER -- The legal or beneficial owner or owners of land, including for purposes of this chapter the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a lessee, if he is authorized under the lease to exercise the rights of the landowner; or other person having a proprietary interest in the land.

        LIVESTOCK -- The horses, cattle, sheep and other similar animals kept or raised on an agricultural property meeting the provisions of this chapter.

        LOADING BERTH -- An area provided to accommodate the off-street loading and unloading of trucks, tractors and trailers servicing primarily industrial uses but also other larger-scale uses requiring tractor-trailer delivery.

        LOADING SPACE -- An area provided to accommodate the off-street loading and unloading of trucks servicing primarily, but not exclusively, business uses.    

        LOT -- A parcel of land, undivided by any street or dedicated future street right-of-way. Such parcel shall be separately described by metes and bounds, the description of which is recorded in the office of the Recorder of Deeds of Chester County by deed description or is described by an approved subdivision plan recorded in the office of the Recorder of Deeds of Chester County.

        LOT AREA or TRACT AREA -- The acreage contained within the property lines of a lot or tract as defined in the deed or as shown on an approved subdivision plan. For purposes of calculating the minimum lot area necessary to comply with the area and bulk requirements of this chapter, the following areas shall be excluded from such calculation:

        A. Any area used for gas, oil, natural gas, electric or communications transmission facilities, whether below or above ground, that do not serve the lot or lots traversed.

        B. Any area within a street or other transportation right-of-way.

        C. Any area comprising a stormwater management basin, but not including lakes, ponds or on-lot berms.

        D. That portion or those portions of the lot in which any of the following features, individually or in combination, represent more than 20% of the gross area of the lot or tract: areas overlain by the Floodplain District, areas of slope in excess of 20%, areas of seasonally high water table soil, and areas of designated wetland, as each is defined herein.

        LOT, CORNER -- A lot at the junction of and abutting two or more intersecting streets, where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the lot lines with the street intersect at an interior angle of less than 135°. Except as noted below, each yard abutting a street shall be considered a front yard; any lot line intersecting a front lot line shall be considered a side lot line and any remaining lot line shall be considered a rear lot line. On any lot containing a principal building at the time of enactment of this chapter, the owner of a corner lot shall specify one street line to be the front lot line; any other lot line abutting a street shall be considered a side lot line.

        LOT, INTERIOR -- A lot which is connected to a street by an access strip with a minimum width of 20 feet. Minimum lot area and other dimensional requirements shall be those of the applicable zoning district and shall be measured on that portion of the lot exclusive of the access strip.

        LOT LINE -- A property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the "lot line" for such portion of the lot as abuts such street shall be deemed to be the same as the street line and shall not be the center line of the street, or any other line within the street line, even though such may be the property boundary line.

        LOT LINE, FRONT -- The lot line abutting any street and coinciding with any street line. In the case of an interior lot, the "front lot line" shall be the line most parallel and closest to the street line at the end of the access strip; all other lines shall be side or rear lot lines.

        LOT LINE, REAR -- A lot line opposite and most distant from the front lot line; if the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

        LOT LINE, SIDE -- Any lot line not a front or rear lot line, in the case of a corner lot, any lot line that intersects a front lot line shall be considered a "side lot line."

        LOT, REVERSE FRONTAGE -- A lot extending between and having frontage on an arterial or collector street and a local street, with vehicular access solely from the local street.

        LOT WIDTH -- The distance in feet between the side lot lines, measured along a line parallel to the street line at the building setback line, provided that:

        A. The width of the lot as measured at the street line shall be not less than 80% of the required minimum lot width.

        B. Where a lot fronts on the circular portion of a cul-de-sac or similarly acute curvature of a street line, the lot width measured at the street line may be reduced when approved as a special exception by the Zoning Hearing Board, but in no case shall such distance be less than 50 feet.

        LOWEST FLOOR -- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter. [Added 11-6-1996 by Ord. No. 96-16]

        MACROTELECOMMUNICATIONS FACILITIES -- Those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but not more than 10 feet above the roof line, parapet or top of the structure. Macrotelecommunication facilities may exceed the height limitation, specified for the zoning district. [Added 4-21-1999 by Ord. No. 99-5]

        MANUFACTURED HOME PARK OR SUBDIVISION -- A parcel or contiguous parcels of land divided into two or more manufactured home lots for rent or sale. For purposes of this chapter, a "manufactured home park" shall be deemed the equivalent of a mobile home park.

        MICROTELECOMMUNICATIONS FACILITIES -- Those which are located on existing buildings, poles or other existing support structures where antennas do not project more than three feet above the top of the structure and there are no more than six antennas per site. [Added 4-21-1999 by Ord. No. 99-5]

        MINI-STORAGE FACILITY -- A structure or group of structures for the dead storage of customer's goods, where individual stalls or lockers are rented out to different tenants for storage.

        MINOR REPAIR -- The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support or the removal or change of any required means of egress or rearrangement of parts of a structure affecting the exitway requirements, nor shall "minor repair" include addition to, alteration of, replacement or relocation of any standpipe; water supply; sewer; drainage; drain leader; gas, soil, waste, vent or similar piping; electric wiring; or mechanical or other work affecting public health or general safety.

        MOBILE HOME -- A transportable, single-family dwelling, intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation, including any addition or accessory structures, such as porches, sheds, decks or additional rooms. All "mobile homes" shall meet construction standards set by the United States Department of Housing and Urban Development. For floodplain management purposes, the term "mobile home" includes "manufactured home" and also includes "park trailer," "travel trailer" and other similar vehicles placed on a site for greater than 180 consecutive days. For flood insurance purposes, the term "manufactured home" does not include "park trailer," "travel trailer" and other similar vehicles.

        MOBILE HOME PARK -- A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the placement thereon of mobile homes.

        MONOPOLE TOWER -- A telecommunications tower consisting of a single pole, constructed without guy wires or ground anchors. [Added 4-21-1999 by Ord. No. 99-5]

        MOTOR HOME/TRAVEL TRAILER -- A vehicular, portable structure built on a chassis and designed to be used for temporary occupancy for travel, recreational or vacation use. For the purpose of this definition, "travel trailer" shall not include trailers in excess of 28 feet in length or in excess of 4,500 pounds gross weight.

        MUNICIPALITIES PLANNING CODE -- The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and reenacted by Act 170 of 1988, 53 P.S. ~ 10101 et seq., and any subsequent amendments thereto.

        NEW CONSTRUCTION -- Structures for which the start of construction, as herein defined, commenced on or after November 12, 1973, and includes any subsequent improvements to such structures. [Added 11-6-1996 by Ord. No. 96-16]

        NEW STRUCTURE -- Structures for which the start of construction, as herein defined, commenced on or after November 12, 1973, and includes any subsequent improvements to such structures. [Added 11-6-1996 by Ord. No. 96-16]

        NONCONFORMING -- A building or other structure, use or lot which, by reason of design, size or use, does not conform to the requirements of the district or districts in which it is located or with other applicable provisions of this chapter.

        NOXIOUS VEGETATION -- Plant material that is undesirable or offensive due to unsightliness, threats to health or prolific and uncontrollable growth. For purposes of this chapter, "noxious vegetation" shall include but not be limited to ragweed, multiflora rose, Canada thistle, Japanese honeysuckle and oriental bittersweet

        NURSING HOME -- A facility, generally operated for compensation, which provides lodging, board and nursing care to sick, invalid, infirm, disabled or convalescent persons.

        OBSTRUCTION -- Any wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or flood-prone area which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or which is placed where the flow of the water might carry the same downstream to the damage of life and property.

        ONE-HUNDRED-YEAR FLOOD -- See "flood, one-hundred-year."

        OPEN SPACE -- That portion of a lot which is entirely free of buildings, pavement or other impervious surfaces; such area shall contain an all-weather vegetative ground cover and may be landscaped with shrubs, trees, etc.

        OPEN SPACE, COMMON -- Area or areas of land and/or water, substantially free of structures and paved areas, permanently restricted for common enjoyment and recreational use by residents of a development and possibly the general public, but not including individually owned private yards. The minimum area of "common open space" as required by this chapter shall not include any portion of a stormwater management basin.

        PARKING SPACE -- A space located off the public rights-of-way designed and designated for parking a motor vehicle.

        PERVIOUS MATERIAL -- Any material which would allow water to pass through at a rate at least equal to the pervious ground cover, e.g., porous pavement, stone parking areas and preformed or prefabricated blocks which would permit water to penetrate, and as approved by the Borough Engineer.

        PHYSICAL-FITNESS FACILITY -- An indoor facility, which may be operated as a commercial or membership enterprise, on a nonprofit basis or as an accessory use and which provides recreational and physical health maintenance opportunities. Facilities may include, but need not be limited to, a swimming pool, spa, gymnasium, courts for racquet sports, exercise and training apparatus and space for dance, aerobics, etc.

        PORCH -- A roofed structure projecting from the front, side or rear walls of a building. "Porches" may be further defined as:

        A. PORCH, OPEN -- A roofed, open structure projecting from the front, side or rear wall of a building, with no enclosed feature more than 30 inches above the floor thereof other than necessary columns or members to support the weight of the roof.

        B. PORCH, CLOSED -- A porch structure enclosed by permanent walls, fixed windows or other fixed and enclosing features. The enclosed area of such a porch shall be deemed an integral part of the building and shall be included in the calculation of the building floor area.

        PRINCIPALLY ABOVE GROUND -- Where at least 51% of the actual cash value of a structure, less land value, is above ground.

        PUBLIC NOTICE -- Notice published once each week for two successive weeks in a newspaper of general circulation in the borough. Such notice shall state the time and place of any hearing or meeting and the particular nature of the matter to be considered at the hearing or meeting. The first publication shall not be more than 30 days and the second publication shall not be less than seven days prior to the date of the hearing or meeting.

        QUADRAPLEX -- See "dwelling or dwelling unit."

        RECREATION, ACTIVE -- Those recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts and swimming pools.

        RECREATION, PASSIVE -- Recreational pursuits which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include but are not limited to hiking, biking and picnicking.

        RECYCLING DROP-OFF/COLLECTION CENTER -- A facility established and/or operated by the Borough of Downingtown, by Chester County or by a nonprofit or citizens' organization for the collection and/or processing of recyclable materials, such as paper, glass, aluminum and/or plastic; such facility may accept recyclables by donation, redemption or purchase, and may separate or process such materials for reuse or for sale as raw material for use in the manufacture of a new product.

        RELIGIOUS USE -- A nonprofit use of land or a building as a place of worship, convent, monastery or similar religious institution, including rectory and parish house.

        RESTAURANT -- An eating establishment which provides for the sale and consumption of food and beverages and which contains inside seating facilities.

        RESTAURANT, FAST-FOOD -- An eating establishment where customers place their orders at an inside window, or service area, and where food is either served for consumption at eating areas within the building or is taken out for consumption away from the premises.

        RESTAURANT, FAST-FOOD WITH DRIVE-IN SERVICE -- An eating establishment which provides service to customers who remain seated in automobiles and said service is provided either through an exterior window, or service area, or directly to parked automobiles.

        RETIREMENT FACILITY [Added 9-3-1997 by Ord. No. 97-8]:

        A. HOUSING, SENIOR CITIZEN -- Includes unassisted senior housing, elderly assisted housing that provides support services for the elderly such dining rooms, lounges, laundry facilities, recreational uses and the like and nursing homes for the elderly.

        B. REST HOME -- A facility in which persons not related to each other are housed and fed by persons paid for providing such services and where nursing care and medical services are not normally provided within the facility.

        C. CONGREGATE-CARE FACILITY -- A type of housing for senior citizens that provides communal dining and social facilities and other services for its residents, while at the same time permitting the senior citizen to maintain his or her individual housing unit.

        RIGHT-OF-WAY -- The total width of any land reserved or dedicated as a street, alley, sidewalk or crosswalk or for any other public or private purpose.

        SATELLITE DISH ANTENNA -- A device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include but not be limited to what are commonly referred to as "satellite earth stations," "TVRO's " (television-reception-only satellite dish antennas) and "satellite microwave antennas."

        SCREEN -- See "buffer."

        SEASONALLY HIGH WATER TABLE SOILS -- Those soils in which the groundwater surface is within one foot of the ground surface at certain times of the year. By name, these soils may include, but are not necessarily limited to: Guthrie silt loam, Lawrence silt loam and Wehadkee silt loam. [Amended 11-11-1992 by Ord. No. 92-8]

        SELECTIVE CUTTING -- The felling of certain, but not all, trees in an area for the purposes of: removing dead, diseased, damaged, mature or marketable timber; improving the quality of a tree stand or species; or meeting personal domestic needs.

        SENIOR CITIZEN HOUSING -- Multifamily dwellings designed and constructed exclusively for dwelling purposes by 10 or more elderly families and/or handicapped individuals, the same being defined as any person 62 years of age or older and any handicapped persons of any age living independently of one another and financed or subsidized under federal government housing programs for elderly families.

        SETBACK LINE -- See "building setback line."

        SEWAGE FACILITIES -- A public system for the treatment and disposal of sewage, operated by the Downingtown Area Regional Authority, in which sewage is treated and disposed of through means approved by the Pennsylvania Department of Environmental Resources.

        SHOPPING CENTER -- A group of commercial establishments planned, constructed and managed as a total entity with a unified plan for the provision of customer and employee parking, provisions for goods delivery separated from customer access and aesthetic considerations.

        SIGN, FLAT WALL (FACIAL) -- A sign erected or displayed on or parallel to the surface of a building.

        SIGN, GROUND (FREESTANDING) -- Any sign erected upon an independent structure (legs, base or pole) so that such structure is the main support of the sign, and/or any sign which is not supported by any part of a building.

        SIGN, PROJECTING -- Any sign mounted upon a building so that its principal face forms an angle of not more than 135° with the building wall.

        SIGN, WINDOW -- A temporary sign entirely contained inside a building which is visible from the street, providing notification of products for rental or sale or of special events.

        SINGLE AND SEPARATE OWNERSHIP -- The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.

        SITE RESTORATION -- Measures taken following completion of land disturbance activities which will stabilize the land surface and minimize exposure to possible erosion or sedimentation.

        SPECIMEN TREE -- A unique, rare or otherwise specifically selected plant or tree which most typically represents a whole class or group, specifically in shape, form, historical importance or any other characteristic which may be designated as such by the borough.

        SPORTS-RELATED CENTERS -- Establishment engaged in providing entertaining and recreation for sports and sports-related activities. This would include but is not limited to a commercial sports arena, bowling alley, membership sports clubs, a roller/ice rink, indoor tennis, racketball, track, indoor baseball, soccer, basketball and volleyball and archery but no firearms, open to all age groups.

        START OF CONSTRUCTION (including "substantial improvement") -- The date of issuance of a building permit, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings; the installation of piles; the construction of columns or any work beyond the state of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Amended 11-6-1996 by Ord. No. 96-16]

        STORMWATER MANAGEMENT BASIN -- A man-made, relatively shallow depression installed for the purpose of collecting and controlling the flow of stormwater runoff. Such basins shall be designed for one-hundred-year storm volumes and rates and shall have side slopes no greater than 3:1.

        STORY -- That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.

        STREET -- A right-of-way intended for general public use to provide means of approach for vehicles and pedestrians. The word "street" includes the words "road," "highway," "thoroughfare" and "way." "Streets" shall be further classified as:

        A. ARTERIAL -- A street serving the heaviest volumes of traffic in the borough, including all facilities classified as main and secondary highways by the Pennsylvania Department of Transportation, providing the highest degree of vehicular mobility and/or involving controls on access.

        B. COLLECTOR -- A street designed and located to provide means of access to traffic off local streets and to provide access for through traffic between residential neighborhoods and districts within the borough to major streets, and/or a street used for access to nonresidential properties, i.e., commercial, industrial, professional, etc.

        C. LOCAL -- A street intended to serve and provide access to the properties abutting thereon and not connecting with other streets in such a manner as to encourage through traffic.

        STREET LINE -- The dividing line between a lot and the outside boundary or right-of-way line of a public street, road or highway legally open or officially platted or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right-of-way.

        STREETSCAPE CRITERIA -- A design standard formulated for the redevelopment of the Boot Road Corridor as outlined in Appendix A293 of Chapter 287.

        STRUCTURAL ALTERATION -- Any change in or addition to the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure or adapt it to a different use or which, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.

        STRUCTURAL UNIT -- One or more buildings enclosed by continuous exterior walls and a continuous roof.

        STRUCTURE -- Any form or arrangement of building materials involving the necessity of providing proper support, bracing, anchorage or other protection. Such arrangement shall have a permanently fixed location in or on the ground. "Structures" include but are not limited to buildings, open sheds and similar enclosures with fewer than four walls and/or roof, signs, fences or walls, detached aerials and antennas, porches, platforms, tennis and handball courts, swimming pools, tents, tanks and towers. [Amended 7-14-1993 by Ord. No. 93-3]

        SUBDIVISION -- The division of a single lot, tract or parcel of land into two or more lots, tracts or parcels of land for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwellings shall be exempted from this definition.

        SUBSTANTIAL DAMAGE -- Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred. [Added 11-6-1996 by Ord. No. 96-16]

        SUBSTANTIAL IMPROVEMENT [Amended 11-6-1996 by Ord. No. 96-16] -- Any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, as defined herein, regardless of the actual repair work performed. The term does not, however, include either:

        A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

        B. Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

        TELECOMMUNICATIONS FACILITIES -- Antennas and towers, either individually or together. [Added 4-21-1999 by Ord. No. 99-5]

        TOPSOIL -- Natural and friable loam containing sufficient humus and nutrients to support plant growth.

        TOWER -- A structure, such as a lattice tower, guy tower or monopole tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, on which is located one or more antennas intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers and cellular telephone towers. [Added 4-21-1999 by Ord. No. 99-5]

        TOWNHOUSE -- See "dwelling or dwelling unit."

        TRACT -- One or more lots assembled and presented as a single property for purposes of subdivision or land development.

        TRACT AREA -- See "lot area."

        TRANSPORTATION CENTER -- A bus depot, limo center, taxi service, heliport, train station or other similar facility where passengers embark and/or disembark from any mode of public transportation. [Added 9-3-1997 by Ord. No. 97-8]

        TWIN -- See "dwelling or dwelling unit."

        ULTRA-LIGHT VEHICLE -- A vehicle, powered or unpowered, that is used or intended to be used for manned operation in the air by a single occupant for recreation or sport purposes only and that does not have any United States or foreign airworthiness certificate. Weight, fuel capacity and maximum speed shall be as regulated by Part 103 of the Federal Aviation Regulations.

        USE -- Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

        VEGETATIVE COVER -- See "open space."

        VIEW -- The relative ability to see a given object from a designated location. "Views" shall be further classified as:

        A. UNOBSTRUCTED -- The ability to see most or all of the object; specifically, where more than 80% of the object is visible.

        B. FILTERED -- The ability to see some of the object; specifically, where 20% to 80% of the object is visible.

        C. HIDDEN -- The ability to see little or none of the object; specifically, where less than 20% of the object is visible.

        WAREHOUSING -- The temporary storage of goods and materials within a building, generally for subsequent distribution to other locations and not involving retail activities.

        WATER TABLE -- The upper surface of a zone of saturation except where that surface is formed by an impermeable body.

        WETLAND -- Those areas 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, or as further defined and delineated by the United States Army Corps of Engineers, the United States Environmental Protection Agency or the Pennsylvania Department of Environmental Resources.

        YARD -- An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky.

        YARD, FRONT -- A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any part of a structure on the lot.

        YARD, REAR -- A yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of a principal building on the lot.

        YARD, SIDE -- A yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any part of a principal building on the lot.

        ZONING MAP -- A map of Downingtown Borough indicating the location of boundaries for each zoning district.

        ZONING OFFICER -- The borough employee charged with enforcing the literal terms of this chapter; also, the representative of the Zoning Hearing Board on administrative matters. The Zoning Officer shall be the Borough Code Enforcement Officer.