§ 27-202. Definitions.


Latest version.
  • As used in this chapter, the following terms shall have the meanings indicated:
    ACCESSORY BUILDING
    A building on the same lot with the principal building and customarily incidental and subordinate to the principal building.
    ACCESSORY BUILDING, RESIDENTIAL
    Includes, but is not limited to, a parking garage used for the parking of passenger automobiles, including noncommercial trucks and vans, and storage sheds which are used for residential storage purposes only.
    ACCESSORY STRUCTURE
    A fence, wall, driveway, sidewalk, sign, patio, deck, terrace, porch and the like that is incidental and subordinate to the principal use and principal building.
    ACCESSORY USE
    A use on the same lot with the principal use and customarily incidental and subordinate to the principal use.
    ADAPTIVE REUSE
    The use of existing historic and architecturally significant building and/or buildings on the same lot for two or more principal uses.
    ADULT COMMERCIAL
    A store, shop and/or other commercial establishment with more than 15 square feet of floor area devoted primarily to the display, sale and/or rental of and/or with 10% or more of its gross income attributable to sale and/or rental of pornographic materials, which are pictures, drawings, photographs, movies and/or other visual images and/or paraphernalia which, if sold knowingly to a child under 18 years of age, would violate the then-current criminal laws of the Commonwealth of Pennsylvania. No other use identified as being allowed in any zoning district shall be construed to be, include and/or allow any use which is part of this adult commercial use. No use which is within the definition of "adult commercial" use shall be permitted (e.g., by right, conditional use, special exception and/or as an accessory to any principal use) except as an adult commercial use.
    ADULT ENTERTAINMENT
    The display of pornographic movies, videos, pictures and/or other visual images, and/or display of live human "stripping," "topless," and/or nude person(s), and/or any other live display of the human body where female breasts and/or male or female buttocks and/or genitalia are exposed to patrons, business invitees, guests and/or club members as part of a private club, entertainment establishment, bar, tavern and/or other commercial business or activity. All such adult entertainment uses shall constitute a separate use and shall require separate use approval (e.g., by zoning use permit) whether or not they are an accessory use. No other use identified as being allowed in any zoning district shall be construed to be, include and/or allow any use which is part of this adult entertainment use. No use which is within the definition of "adult entertainment use" shall be permitted (e.g., by right, conditional use, special exception and/or as an accessory to any principal use, including but not limited to a bar or tavern) except as an adult entertainment use.
    AGRICULTURAL USES
    Such use includes the retail sales of agricultural products at roadside stands or other structures to the general public; the production of agricultural, horticultural, arboricultural, viticultural and dairy products; the keeping of livestock, poultry, and bee-raising; the outdoor raising of plants, shrubs and trees for sale and transplantation; an establishment where horses are boarded and cared for, and/or where instruction in riding, jumping and showing is offered, and/or the general public may, for a fee, hire horses for riding; and other such uses with similar characteristics.
    ALLEY
    A public or private right-of-way, for vehicular access to the rear or side of properties.
    ANTENNA
    Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
    [Added by Ord. 2236, 7/8/2014]
    AREA
    A. 
    BUILDING AREA
    The area of a site which is under any part of a building.
    B. 
    LOT AREA
    The area contained within the property lines of an individual parcel of land shown on a subdivision or land development plan or a lot, excluding any land area which has any of the following characteristics:
    (1) 
    Not contiguous to the lot;
    (2) 
    In any and all existing and proposed streets or street rights-of-way and railroad rights-of-way;
    (3) 
    Any area required as open space under this chapter;
    (4) 
    The area of any and all easements for and the area used for and/or within any and all utility (ies), stormwater management facility (ies) and/or system, floodway, body of water (at its highest elevation) and wetlands.
    C. 
    FLOOR AREA
    The sum of the areas of the several floors of the building or structure, including areas used for human occupancy or required for the conduct of the business or use, as well as basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, enclosed porches, attics not used for human occupancy, nor any floor space in an accessory building nor in the main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating and ventilating equipment.
    D. 
    FLOOR AREA; GROSS LEASABLE AREA
    The total floor area for which the tenant pays rent and which is designed for the tenant's occupancy and exclusive use, not including public or common areas such as utility rooms, stairwells, malls, etc.
    AUTOMOBILE SALES AND SERVICES
    This use includes facilities such as automobile repair garages; facilities for the sale of automobiles by a duly franchised new car dealership, including used car sales and/or car, truck, trailer, cycle and boat rental; facilities used for the retail sale of vehicular fuels, including, as accessory uses, the sale and installation of lubricants, tires, batteries, and similar accessories and/or the sale of groceries and similar convenience-type products; and facilities or premises used for washing motor vehicles.
    AUTO SUPPLY STORE
    This use is included as a permitted use under the definition of "retail goods and services." An auto supply store is a facility used for the sale of automotive accessories, such as parts, tires, batteries, and other supplies. Minor installation and limited storage of parts may also take place within an enclosed structure.
    AWNING
    A projection or shelter extending from and supported by the exterior wall of a building and composed of rigid or nonrigid materials and/or fabric covering on a supporting framework that may be either permanent or retractable, including such structures that are internally illuminated.
    BASEMENT
    A space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height not less than 6 1/2 feet.
    BED-AND-BREAKFAST/GUESTHOUSE
    A residential home converted into a commercial use offering lodging for overnight guests and offering common eating facilities.
    BILLBOARD
    A freestanding structure erected for the purpose of advertising which is not associated with a building on the same lot; also known as an "outdoor advertising sign."
    BLOCK
    An area of land surrounded by streets. Alleys and streets or lanes that function as alleys are within a block.
    [Amended by Ord. 2015-2251, 5/12/2015, § 2]
    BLOCK FACE
    All lots abutting one side of a street between the two nearest intersecting streets or one intersecting street and a street dead end.
    [Added by Ord. 2016-2268, 11/1/2016]
    BOROUGH
    Phoenixville Borough, Chester County, Pennsylvania.
    [Added by Ord. 2236, 7/8/2014]
    BUILDING
    A structure under a roof used for the shelter or enclosure of persons, animals, or property. The word "building" shall include any part thereof.
    BUILDING ENVELOPE
    That area of a lot that has no development restrictions. The building envelope shall not include the area of any required setbacks (except for driveways which would cross the yards), buffer yards, natural features with 100% protection standard, and the portion of those natural features that may not be developed or intruded upon.
    BUILDING FOOTPRINT
    The area of a building or any part thereof, conditioned or unconditioned, where it meets the ground; usually the area of the slab or grade.
    [Added by Ord. 2017-2279, 9/12/2017]
    BUILDING HEIGHT
    The vertical distance from either the finished grade at the front of the building or the mean ground level, whichever is the lowest, to the highest point of the roof or parapet wall for buildings with flat or mansard roofs; or the mean height between the building eave and ridge for gable, hip and gambrel roofs. If there are two or more separate roofs on a single building, the height of such shall be calculated from the highest roof. Chimneys, spires, cupolas, and similar building elements shall not be included in the building height. If required or requested by the Borough, the builder, architect or engineer of the building shall certify the building height prior to the issuance of a certificate of occupancy. "Mean ground level" is a reference plane representing the average of the finished ground level at the center of all exposed walls of the building. Where walls are parallel to and within five feet of a sidewalk, the sidewalk shall be considered the mean ground level. "Mean height" is a reference plane representing the distance from the mean ground level to the highest point of the roof or parapet wall for buildings with flat or mansard roofs or the reference plane representing 1/2 the vertical distance from the building eave and ridge for gable, hip and gambrel roofs.
    BUILDING, PRINCIPAL
    A building in which the principal use of the lot upon which the building is located is conducted or is intended to be conducted.
    BUILDING SPACING
    The minimum distance between buildings. The minimum building spacing shall be measured from the outermost wall or projection, excluding bay windows, chimneys, flues, columns, ornamental features, cornices and gutters. These exceptions may encroach no more than three feet into the required minimum distance between buildings.
    BUILDING STEP BACK
    A horizontal recess of a building above a lower level.
    [Added by Ord. 2015-2251, 5/12/2015, § 2]
    BUILDING TYPE
    [Added by Ord. No. 2018-2294, 10/9/2018]
    A. 
    ATTACHED
    An attached building is one where at least one wall is shared with another.
    B. 
    DETACHED
    A detached building is a freestanding building that does not abut any other building and where all sides of the building are surrounded by yards or open areas.
    C. 
    MID-RISE
    A detached building that has a building height greater than 45 feet and up to 60 feet high.
    D. 
    HIGH-RISE
    A detached building that has a building height greater than 60 feet and up to 80 feet high.
    E. 
    SELF-STORAGE
    Also known as "self-service storage" and "mini warehouse," self-storage facilities are buildings or structures designed and used for renting or leasing individual storage spaces, other than storage spaces which are leased or rented as an incident to the lease or rental of residential property or dwelling units, to which the occupants thereof have access for storing or removing their personal property.
    BUILD-TO LINE
    A line with which the exterior wall of a building is required to coincide that runs parallel to the property line, as measured perpendicularly to the curb or edge of a street cartway, that enables the alignment of buildings on a block in order to maintain the traditional character of the streetscape of the Borough. If there is no preexisting or defined curb or edge, then the build-to line is measured from the ROW line. Required build-to lines or yards shall be measured from the edge of a wetland buffer where applicable.
    [Amended by Ord. 2015-2251, 5/12/2015, § 2; and by Ord. 2016-2268, 11/1/2016]
    BUILT-TO LINE
    The distance which existing construction of a building wall occurs on a lot.
    [Added by Ord. 2015-2251, 5/12/2015, § 2]
    CALIPER
    The diameter of a tree measured six inches above grade.
    CEMETERY
    Property used for the interring of the dead.
    CO-LOCATION
    The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or utility pole or light pole.
    [Added by Ord. 2236, 7/8/2014]
    COMMON PARKING AREA
    A parking lot used and shared by two or more businesses or enterprises.
    COMMONWEALTH
    The Commonwealth of Pennsylvania.
    [Added by Ord. 2236, 7/8/2014]
    COMMUNITY CENTER
    An institutional or recreational building type that provides space for meeting rooms, classrooms, public assembly, and exercise and sports facilities, which may also include ancillary cooking facilities and offices. A community center may also encompass outdoor recreational space, community gardens or other similar-type outdoor uses. This use is not intended to include privately owned and for-profit health and fitness clubs.
    COMMUNITY GARDENS
    A plot of land (public or private) for the use of individual small garden plots by residents for producing food for their own use and recreation or donation to nonprofit groups and not for commercial use or sale.
    CORRIDOR DEVELOPMENT
    A mix of uses and building types along a primary thoroughfare such as Route 23/Nutt Road.
    COUNTY
    County of Chester, Commonwealth of Pennsylvania.
    [Added by Ord. 2236, 7/8/2014]
    CROSSWALK
    A thoroughfare for pedestrian access, across a street or driveway, that is created and maintained in accordance with the design standards of the Subdivision and Land Development Ordinance.
    CURB CUT
    A gap in a curb to enable vehicular access to a driveway or alley.
    DAY-CARE CENTER
    A licensed facility in which care is provided for children outside a residential home environment. A day-care center may include a nursery, nursery school, preschool, kindergarten or other type of agency providing day-care services for children.
    DAY-CARE, HOME
    A facility within a residential home in which care is provided for one or more children, but no more than six children at any one time, who are not relatives of the caregiver, and where the child-care areas are also being used as a family residence. The family day care shall be clearly subordinate to the existing residential use of the property and shall be treated as an accessory use to the dwelling unit.
    DECIBEL
    A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound as measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
    DENSITY
    A measure of the number of dwelling units per unit of area.
    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 pavings, utilities, filling, grading, excavation, mining, dredging or drilling operations, as well as the subdivision of land.
    DISTRIBUTED ANTENNA SYSTEMS (DAS)
    A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
    [Added by Ord. 2236, 7/8/2014]
    DRIVEWAY
    A thoroughfare that provides vehicular access on a lot to a building or use.
    EDUCATIONAL USE
    An activity in a building and on a lot that provides instruction, training, and/or similar type of advancement in educational or vocational skills.
    EAVES
    The lowest horizontal line of a sloping roof.
    ELECTRONIC MESSAGE DISPLAY SIGN
    An exterior, computer-programmable sign capable of displaying words, symbols, figures or picture images that can be altered or rearranged automatically or by remote means, utilizing LED (light-emitting diode) technology or other light sources as part of the sign or sign face, electronic or digital sign face, to produce the characters and graphics of this display.
    EMERGENCY
    A condition that:
    [Added by Ord. 2236, 7/8/2014]
    A. 
    Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or
    B. 
    Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
    EMERGENCY MANAGEMENT SERVICES USE
    Those services and uses customarily rendered by fire, ambulance, police, rescue and other emergency services of a municipality, or a volunteer or privately operated group, including the facilities and appurtenances used in connection with the supplying of such services and uses (such as buildings and equipment).
    ENTERTAINMENT HALL
    An entertainment facility operated as a gainful business within a building or structure which provides automatic amusement devices or games, including pool or billiard rooms or similar facilities.
    ENVIRONMENTAL CONTROLS
    Regulations that provide safeguards for the health, safety, and welfare of the Borough pertaining to water quality, air quality, and quality of life in terms of noise, glare, heat, toxicity, and the like.
    ERECT
    To build, construct, attach, hang, suspend, affix, alter, or to structurally repair, remove, relocate, demolish, or modernize, or to paint on a wall.
    FACADE
    That portion of any exterior elevation of a building extending vertically from grade to the top of the parapet, wall or eaves and horizontally across the entire width of the building elevation.
    FAMILY
    One person, or two or more persons related by blood, foster relationship, marriage, or adoption, and, in addition, any domestic servants or gratuitous guests thereof, or a group of not more than five persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, all of whom are living together in a single dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.
    FCC
    The Federal Communications Commission.
    [Added by Ord. 2236, 7/8/2014]
    FENCE
    A barrier constructed of any combination of materials that is intended to enclose or partition a space or define a property line.
    FLOOR AREA RATIO
    The ratio of the floor area to the lot area, as determined by dividing the floor area by the lot area.
    FOOTCANDLE
    A unit of incident light quantity measurable with an illuminance meter, aka, footcandle meter or light meter.
    [Added by Ord. 2235, 7/8/2014]
    FREESTANDING SIGN
    A sign, other than a billboard, which is supported by its own structure, which structure is used only for the sign and is permanently anchored into the ground below the frost line with a footing.
    FRENCH CREEK GREENWAY
    The designated floodplain area and riparian buffer that meanders along the French Creek, as shown on the Resource Protection Map of Phoenixville Borough.
    FRENCH CREEK TRAIL
    The designated pedestrian accessway along the French Creek, as shown on the Resource Protection Map of Phoenixville Borough.
    FRONTAGE
    The area of a lot facing a street that is occupied by the front yard.
    FULL CUTOFF
    A term used by the lighting industry to describe a lighting fixture from which no light is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light intensity is emitted at an angle 10° below that horizontal plane, at all lateral angles around the fixture.
    [Added by Ord. 2235, 7/8/2014]
    FUNERAL HOME/MORTUARY
    An establishment for the preparation of the deceased for burial, the display of the deceased, and any ceremonies connected therewith before such burial or cremation.
    GLARE
    The sensation produced by excessive direct or reflected light that causes annoyance, discomfort or loss in visual performance to the eye. Glare is subjective and cannot be measured with a meter.
    [Added by Ord. 2235, 7/8/2014]
    GREEN
    A public or private open space, typically enclosed with buildings on at least two sides, that is used as a pedestrian gathering area.
    GROUP HOME
    Housing occupied by groups of unrelated individuals with disabilities. Such housing may be provided by the individuals themselves or by a group home operator and shall include reasonable accommodations to facilitate the group home use within the Borough as provided for in the Fair Housing Act. A group home does not include housing for current users of illegal controlled substances, work release facilities for convicts, housing as an alternative to incarceration or housing for persons who present a direct threat to other people or their property.
    GROWTH
    The attribute of a zoning district that lends itself to new development, redevelopment, and/or adaptive reuse.
    HEALTH AND FITNESS CLUB
    A commercial business offering primarily indoor sports and fitness facilities to the public, including sports such as racquetball, handball, squash, tennis, basketball and volleyball, fitness classes and other healthy lifestyle activities and amenities. A health and fitness club also encompasses facilities for activities such as rock climbing, trampoline and moon bounce activities, and other physical fitness activities of a similar nature.
    HIGH STREET TRAIL
    The designated pedestrian accessway along High Street, as shown on the Resource Protection Map of Phoenixville Borough.
    HISTORIC CORNER STORE
    A retail establishment that has frontage at two street corners and offers items for sale in a neighborhood of the Borough.
    HISTORIC DISTRICT
    A designated area that envelopes a neighborhood of buildings that has been recognized by the Pennsylvania Historic and Museum Commission and/or is listed on the National Register of Historic Places, as shown on the Resource Protection Map of Phoenixville Borough.
    HOME BUSINESS
    A home occupation for gain that is an accessory use, which must be separately permitted, which is clearly subordinate to the existing residential use of the property and shall be conducted within the dwelling unit primarily by a person(s) residing in the dwelling unit. Such use may involve clients or customers visiting the dwelling on a limited basis and involve deliveries, to and from the dwelling unit, on a limited basis without impacting adjacent properties.
    HOME IMPROVEMENT CENTER
    A retail use that sells building products, typically with a ground floor area of greater than 65,000 square feet.
    HOME OCCUPATION, NO-IMPACT
    A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, or pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.
    HOSPITAL
    An establishment, licensed by the American Hospital Association, which provides health services primarily for inpatient medical or surgical care of the sick or injured, which includes related facilities, such as laboratories, outpatient departments, training facilities, central service facilities, as well as staff offices as an integral part of the establishment.
    HOTEL/MOTEL
    A building or group of buildings used for the accommodation of transient guests, chiefly motorists, and containing guest rooms for rent.
    ILLUMINANCE
    The quantity of incident light per unit area, measured with a light meter in footcandles (or lux).
    [Added by Ord. 2235, 7/8/2014]
    IMPERVIOUS SURFACES
    Those surfaces which do not absorb water. All buildings, parking areas, driveways, roads, sidewalks, and any other areas in concrete, asphalt, or packed stone shall be considered impervious surfaces within this definition.
    IMPERVIOUS SURFACE AREA, MAXIMUM
    A limitation on the intensity of use of the site as a whole and each lot. With respect to the site, it is stated as a percentage of the base site area; and with respect to the lot, it is stated as a percentage of the lot area. This percentage is calculated by dividing the total area of all impervious surfaces within the site by the base site area.
    INDUSTRIAL USES
    Includes uses such as contractor/construction facilities; crafts and trades, such as plumbing, carpentry, upholstery, cabinetmaking, furniture-making, planing mill and similar crafts; the storage and distribution of fuel oil or coal; a lumberyard where lumber products are sold and/or processed; the production, processing, cleaning, testing and distribution of materials, goods, foodstuffs and products; research, testing or experimental laboratory; resource recovery and/or recycling facility; storage of trucks and/or the transfer of freight from one truck to another; and wholesale business, wholesale storage or warehousing with no retail sale. Emergency management services uses, public utility uses and public transportation uses are also included under the definition of "industrial uses."
    INFILL
    The attribute of a zoning district that enables the context-sensitive placement of new buildings on an established block in an established neighborhood.
    INFILL BLOCK
    A block within which new development or redevelopment is proposed on one or more lots.
    INSTITUTIONAL USES
    Includes uses such as park and recreation use, community center, hospital or similar type licensed health care facility, personal care home, library/museum, municipal use, place of worship, cemetery and school.
    [Amended by Ord. 2016-2264, 6/14/2016]
    INTENSITY
    The attribute of a zoning district that pertains to the lot coverage, height and bulk of a nonresidential use.
    KENNEL
    Any property, including any building or structure thereon, where four or more dogs or other domestic animals, 10 weeks of age or older, are kept or maintained for boarding, grooming, breeding, training, showing, selling or exchange.
    LAND DEVELOPMENT
    Any of the following activities:
    A. 
    The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
    (1) 
    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
    (2) 
    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.
    B. 
    A subdivision of land.
    LIBRARY/MUSEUM
    A library or museum which is open to the public or connected with a permitted educational use and not conducted as a private gainful business.
    LIFE-CARE HOUSING FACILITIES
    A facility for residential use designed and operated for individuals who may require certain support facilities or which includes life-transition-type housing for seniors; includes residential housing such as full-care facilities, nursing homes, life-care facilities, senior housing and continuing-care retirement facilities.
    LIGHT TRESPASS
    The light created by a lighting installation, which extends beyond the boundaries of the property on which the installation is sited.
    [Added by Ord. 2235, 7/8/2014]
    LOT
    A designated parcel, tract or area of land established by a plot or otherwise as permitted by law and to be used, developed or built upon as a unit. The term "lot" shall be interchangeable with the term "plot" or "parcel."
    [Amended by Ord. No. 2018-2294, 10/9/2018]
    LOT AREA
    The area contained within the property lines of an individual parcel of land shown on a subdivision and/or land development plan, excluding any land area which has any of the following characteristics:
    A. 
    Not contiguous to the lot;
    B. 
    In any and all existing and proposed streets or street rights-of-way and railroad rights-of-way;
    C. 
    Any area required as open space; and
    D. 
    The area of any and all easements for and the area used for and/or within any and all utility (ies), stormwater management facility (ies) and/or system, floodway, body of water (at its highest elevation) and wetlands.
    LOT, CORNER
    A parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135°.
    LOT COVERAGE
    The area of a lot covered by buildings, pavement, and other impervious surfaces.
    LOT DEPTH
    The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
    LOT LINE, REAR
    Any lot line which is parallel to or within 45° of being parallel to a street line, except for a lot line that is, itself, a street line, and except in the case of a corner lot, when the owner shall have the option of choosing which of the two lot lines that are not street lines shall be considered a rear lot line. In the case of a lot having no street frontage or of a lot being of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line.
    LOT LINE
    Any boundary line of a lot.
    LOT LINE, SIDE
    Any lot line which is not a street line or a rear lot line.
    LOT, THROUGH
    An interior lot having frontage on two parallel or approximately parallel streets; may also be known as a "reverse-frontage lot" or a "double-frontage lot."
    LOT WIDTH
    The distance measured between the side lot line at the specified distance of the required building setback line. In a case where there is only one side lot line, the lot width shall be measured between the side lot line and the opposite rear lot line or street lot line.
    LUMEN
    The light-output rating of a lamp (light bulb), as used in the context of this chapter.
    [Added by Ord. 2235, 7/8/2014]
    MARQUEE
    A permanent canopy projecting over the public sidewalk above the main entrance to a building that displays the facility's name and/or featured attractions.
    [Added by Ord. No. 2018-2294, 10/9/2018]
    MIXED USE
    The attribute of a lot that involves the combination of uses, either horizontally or vertically.
    MIXED-USE BUILDING
    The attribute of a building that involves the combination of uses, either vertically or horizontally.
    MIXED-USE GROWTH
    The zoning district that features new development, redevelopment and/or adaptive reuse on properties that can support new neighborhoods with a mix of uses.
    [Amended by Ord. 2235, 7/8/2014]
    MIXED-USE INFILL
    Infill that involves either vertical mixed use in a building or horizontal mixed use on a lot. Mixed Use Infill is also a zoning district that accommodates mixed-use development within the context of an established neighborhood.
    MOBILE HOME
    A transportable, single-family dwelling, intended for permanent occupancy, which is contained in one or in two or more units designed to be joined into one integral unit which is capable of again being separated for repeated towing, and which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, being constructed so that it may be used with or without a permanent foundation, including any additional or accessory structures, such as porches, sheds, decks or additional rooms. A mobile home is not a single-family detached dwelling.
    MOBILE HOME LOT
    A parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
    MOBILE HOME PAD
    That part of an individual lot which has been reserved for the placement of a mobile home, appurtenant structures, or additions and which has been constructed according to the specifications of this chapter.
    MOBILE HOME PARK
    A contiguous parcel of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
    MONOPOLE
    A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
    [Added by Ord. 2236, 7/8/2014]
    MUNICIPAL USE
    Includes administration buildings, police barracks, recreation buildings, parks, libraries or road maintenance facilities and any other building or areas designed for municipal use or owned by the municipality, including emergency management services administered by the Borough.
    [Amended by Ord. 2235, 7/8/2014]
    NATURAL RESOURCES PROTECTION STANDARDS
    The regulations that provide safeguards for the protection of natural, hydrological, biological, botanical, and ecological resources.
    NOISE DISTURBANCE
    Any sound which endangers or injures the safety or health of humans or animals, or annoys or disturbs a reasonable person of normal sensitivities, or endangers or injures personal or real property.
    NONCONFORMING LOT
    A lot that does not comply with the applicable area and bulk regulations, such as lot area, setback, or lot coverage, that existed prior to the enactment of the prevailing zoning district regulations.
    NONCONFORMING STRUCTURE
    A structure or part of a structure not in compliance with applicable provisions of the Zoning Ordinance or amendment theretofore or heretofore enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
    NONCONFORMING USE
    A use, whether of land or of structure, which does not comply with the applicable use provisions in a Zoning Ordinance or amendment heretofore or hereafter enacted, where such uses was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.
    NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)
    All non-tower wireless communications facilities, including, but not limited to, antennas and related equipment. Non-tower WCFs shall not include support structures for antennas and related equipment.
    [Added by Ord. 2236, 7/8/2014]
    NURSING HOME
    A licensed nursing or convalescent home.
    OFFICE USE
    Includes uses such as medical offices, professional offices, and veterinary offices (not including a kennel).
    ON-STREET PARKING
    Parking for motor vehicles that is typically parallel to the curbline in a parking space that is typically seven feet by 22 feet.
    OPEN SPACE, PRIVATE
    A. 
    A portion of land or an area of water, or a combination of land and water within a development site, which is designed and intended for the use or enjoyment of residents or invitees within the development and/or the private facility and not generally available to the public, not including streets, off-street parking areas, and areas set aside for public facilities.
    B. 
    May include areas commonly referred to as "greens" or "plazas."
    OPEN SPACE, PUBLIC
    A portion of land or an area of water, or a combination of land and water, designed and intended for the use or enjoyment of the public, not including streets, off-street parking areas, and areas set aside for public facilities. Public open space may include areas commonly referred to as "greens" or "plazas" but does not include sidewalks unless such features are within the public open space design parameters. Public open space shall also be subject to a continuing offer of dedication.
    [Amended by Ord. 2235, 7/8/2014]
    OUTDOOR MARKET
    A temporary outdoor sales area utilizing tents, tables and/or shelters for the selling of retail goods and services directly to the consumer. The preparation, sale and consumption of food and beverages may also be part of the outdoor market but may require separate permitting and approval as an accessory use to the outdoor market.
    PARAPET
    The top of a building's wall or facade which is raised above the roof.
    PARK AND RECREATION USE
    A use that involves active and passive recreational activities that take place on facilities such as playfields, playgrounds, or play courts and in undeveloped areas such as woodlots or greenways.
    PARKING GARAGE, MULTILEVEL
    A building or structure which has more than one story and is used or intended to be used for the parking and/or storage of vehicles.
    PARKING LOT
    An off-street improved area with individual access for the purpose of parking motor vehicles.
    PARKING SPACE
    The area utilized for the temporary storage of motor vehicles, either in a parking lot, in an on-street parking berth, or on a driveway.
    PATIO, PORCH, DECK, TERRACE
    A. 
    PATIO
    A concrete or masonry pad directly on grade and without walls or a roof, as an extension or addition to a dwelling unit.
    B. 
    DECK
    A structure of wood or concrete installed above grade and without walls or roof, as an extension or addition to a dwelling unit, that may include railings and low walls with a maximum height of 3 1/2 feet from the top of the deck.
    C. 
    PORCH
    An extension of a building with a roof supported by posts or columns, but without permanent walls.
    D. 
    TERRACE
    A plateau-like landscape space that is either earthen with grass and/or ground covers or is paved with materials such as brick, flagstone or concrete.
    PERSONAL CARE HOME
    A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator. who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living.
    [Added by Ord. 2016-2264, 6/14/2016]
    PERSONS
    Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania; provided that "person" does not include or apply to the Borough or to any department or agency of the Borough.
    [Added by Ord. 2236, 7/8/2014]
    PHOENIX IRON CANAL TRAIL
    The designated pedestrian accessway along the Canal, as shown on the Resource Protection Map of Phoenixville Borough.
    PLACE OF WORSHIP
    Any structure or structures used for worship or religious instruction, including social and administrative rooms which are accessory to such use.
    PLAZA
    A pedestrian gathering area that serves as a public or private open space in which pedestrian amenities, such as benches and shade trees, are provided.
    PRIVATE CLUB
    A privately owned social club or lodge that is open only to members of the club and their invited guests.
    PUBLIC HEARING
    A formal meeting held pursuant to public notice by the Borough Council, Zoning Hearing Board or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
    PUBLIC MEETING
    A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
    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 the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
    PUBLIC TRANSPORTATION USES
    Services and uses typically associated with a transportation facility serving one or several modes of public transportation, including public rail, bus transit or taxi, and associated accessory uses, buildings and structures.
    PUBLIC UTILITY USE
    Those services customarily rendered by public utility corporations, municipalities, or municipal authorities, in the nature of electricity, gas, telephone, water, and sewerage, including the facilities and appurtenances used in connection with the supplying of such services (such as pumping stations, sewage treatment plans, landfills, buildings, wires, pipes, poles and the like). This use does not include wireless communication facilities.
    RECREATIONAL VEHICLE
    A vehicle or piece of equipment, whether self-powered or designed to be pulled or carried, intended primarily for leisure-time or recreational use. Recreational vehicles or units include, but are not limited to, travel trailers, truck-mounted campers, motor homes, folding tent campers, autos, buses or trucks adapted for vacation use, snowmobiles, minibikes, all-terrain vehicles, go-carts, boats, boat trailers and utility trailers.
    REDEVELOPMENT
    The reuse of a property or the expansion of buildings on a property for a new, viable outcome.
    REHABILITATION
    The alteration and improvement of a building to enhance its viability for a particular use.
    RESIDENTIAL INFILL
    The attribute of a zoning district that enables the context-sensitive placement of new dwelling units on an established block in an established neighborhood.
    RESIDENTIAL USES
    A. 
    DWELLING
    A building or entirely self-contained portion thereof (not including a mobile home), containing complete living quarters, including cooking in one kitchen, sleeping and sanitary facilities, and designed for and occupied exclusively for human habitation.
    B. 
    DWELLING, SINGLE-FAMILY DETACHED
    A one-family dwelling which is not attached to any other dwelling by any means and is surrounded by open space or yards on all sides.
    C. 
    DWELLING, TWIN (SINGLE-FAMILY SEMIDETACHED)
    A one-family dwelling attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot, and having open space on three sides.
    D. 
    DWELLING, ROW OR TOWNHOUSE (SINGLE-FAMILY ATTACHED)
    A one-family dwelling in a row of at least three such units in which each unit has its own ground-floor access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common vertical walls and has open space on at least two sides.
    E. 
    DWELLING, MULTIFAMILY
    A building on one lot designed for and occupied exclusively for two or more dwelling units, each dwelling unit occupied by one family, including a building which is owned and operated as a condominium under the Pennsylvania Uniform Condominium Act.
    RESTAURANT
    A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed inside the building and/or in a designated outdoor area on the premises or in a part of the same lot as the eating place. An outdoor cafe area utilized for dining must be located in an area directly abutting and adjacent to the main restaurant building, subject to additional standards in this chapter. Any sale of alcoholic beverages upon the premises must be incidental to the sale and consumption of food and licensed by the Pennsylvania Liquor Control Board. The definition of "restaurant" does not include restaurants offering drive-through services.
    RESTAURANT, DRIVE-THROUGH
    A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed inside the building or on site and includes a drive-through service window. Any outdoor dining area and/or drive-through portion of the restaurant must be located in an area directly abutting and adjacent to the main restaurant building.
    RETAIL GOODS AND SERVICES
    A use operating within a shop, store or group of stores selling commodities, goods and services directly to the consumer. Not included under this use is the over-the-counter sale of alcoholic beverages in a tavern/bar, or a store as described under "adult commercial use." Retail Goods and services use includes, but is not limited to, the following types of business: an auto supply store; a repair shop offering repair services for items, including, but not limited to, appliances, lawn mowers, watches, guns, bicycles, locks and small business machines, but not including automobiles, motorcycles, trucks, trailers and other heavy equipment; a financial establishment, such as a bank, savings-and-loan association, credit union or other financial establishment; a personal service business, such as a barber, beautician, laundry and dry cleaning, shoe repair, tailor, photographer, travel agency, photocopy center, and physical and/or massage therapy, but does not include medical or professional offices, medical clinics and health service agencies.
    RETAINING WALL
    A wall used to retain soil, typically serving as a topographic grade transition structure.
    REVERSE-FRONTAGE LOT
    A lot which is bordered by a street along the rear as well as the front property.
    RIGHT-OF-WAY or ROW
    The surface of and space above and below any real property in the Borough in which the Borough, county or commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, county or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough, county or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. The phrase "existing right-of-way" is the legal right-of-way as established by the commonwealth or other appropriate governing authority and which is currently in existence. The phrase "future right-of-way" is the right-of-way deemed necessary to provide adequate width for future street improvements.
    [Amended by Ord. 2236, 7/8/2014]
    ROOFLINE
    The highest continuous horizontal line of a roof. On a sloping roof, the roofline is the principal ridgeline or the highest line common to one or more principal slopes of the roof. On a flat roof, the roofline is the highest continuous line on the roof.
    SCHOOL
    A religious (either sectarian or nonsectarian), denominational educational institution, or a public educational institution which is not conducted as a private gainful business. The definition of "school" includes nursery schools operated as a private gainful business.
    SCHUYLKILL RIVER TRAIL
    The designated pedestrian accessway along the Schuylkill River, as shown on the Resource Protection Map of Phoenixville Borough.
    SCREENING
    Landscape materials, such as hedges, trees, shrubs, fences, or walls, used to buffer or insulate a use, building, or structure from adjoining areas.
    SELF-STORAGE
    Also known as "self-service storage" and "mini warehouse," self-storage facilities are buildings or structures designed and used for renting or leasing individual storage spaces, other than storage spaces which are leased or rented as an incident to the lease or rental of residential property or dwelling units, to which the occupants thereof have access for storing or removing their personal property.
    [Added Ord. No. 2019-2308, 10/8/2019]
    SERVICE DRIVE
    A driveway, lane, or like-type vehicular accessway that provides access to buildings, loading docks, and/or outdoor recreational uses.
    SETBACK
    A dimension or distance established in a particular zoning district to govern the placement and location of buildings and structures.
    SEWER
    A. 
    PUBLIC SEWER
    Any municipal or privately owned sewer system in which sewage is collected and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer.
    B. 
    PRIVATE SEWER
    An "on-lot" disposal system generally providing for the disposal of effluent for only one building or a group of buildings on a single lot.
    C. 
    COMMUNITY SEWAGE SYSTEM
    A system for the treatment of effluent from two or more homes that is applied to the land either on the surface or below ground.
    SHADE TREE
    A deciduous tree that has a canopy that provides shade from the sun to areas below the branches.
    SIDEWALK
    A pedestrian thoroughfare within the right-of-way of a street, built and maintained in accordance with the design standards of the Subdivision and Land Development Ordinance.
    SIGN
    Any copy so constructed, placed, attached, painted, erected, fastened, or manufactured in any manner whatsoever, which is used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, or merchandise and which is displayed in any manner whatsoever which can be seen from the right-of-way of a public street or highway, including permanent window signs placed inside windows to attract the attention of those outside in the public right-of-way. The various features and types of signs addressed in this chapter include the following:
    A. 
    AREA OF SIGN
    Includes all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed; but not including any supporting framework and bracing which are incidental to the display itself.
    B. 
    AWNING SIGN
    A sign displayed on or attached flat against the surface of an awning.
    [Amended by Ord. 2014-2244, 11/10/2014]
    C. 
    BILLBOARD
    A freestanding structure erected solely for the purpose of advertising which is not associated with a building or use on the same lot; also known as an "outdoor advertising sign."
    D. 
    CANOPY SIGN
    A sign affixed to the visible vertical surface of an attached or freestanding canopy.
    E. 
    COPY
    Any letter, number, symbol, figure, character, mark, plan, design, picture, stroke, stripe, or trademark, or any combination thereof.
    F. 
    COPY AREA OF SIGN
    The actual area taken up by the letters, numbers, words and symbols on a sign, computed by drawing parallel lines as close as possible around the letters, numbers, words and symbols.
    G. 
    DEVELOPMENT SIGN (PERMANENT)
    A type of freestanding sign, including accessory entrance structure, designed to identify a development.
    H. 
    DIRECTORY SIGN
    A type of freestanding or wall sign designed to identify the name and location of multiple occupants on the same lot, commercial or industrial in character, with or without an accompanying map, in order to aid in the internal pedestrian circulation within the lot. A freestanding sign shall adhere to its standard sign type requirements.
    [Amended by Ord. 2016-2264, 6/14/2016]
    I. 
    ELECTRONIC MESSAGE DISPLAY SIGN
    An exterior, computer-programmable sign capable of displaying words, symbols, figures or picture images that can be altered or rearranged automatically or by remote means, utilizing LED (light-emitting diode) technology or other light sources as part of the sign or sign face, electronic or digital sign face, to produce the characters and graphics of this display.
    J. 
    FASCIA SIGN
    A sign attached to, placed upon or hung from any structure projecting from and supported by a building and which extends beyond the facade of the building (such as a canopy, an awning, etc.).
    K. 
    FREESTANDING SIGN
    A sign, other than a billboard, which is supported by its own structure, which structure is used only for the sign and is permanently anchored into the ground below the frost line with a footing (also includes pylon signs, ground signs and low-profile signs).
    L. 
    GROUND OR LOW-PROFILE SIGN
    A low, horizontal-type sign less than four feet high set on a masonry foundation (e.g., development sign). See freestanding sign requirements.
    M. 
    HANGING SHINGLE SIGN
    A sign hanging from a bracket or similar support above the sign, perpendicular to the face of the building wall.
    N. 
    HISTORICAL SIGN
    A sign installed more than 50 years ago and/or designated as an historic resource by a borough, county, state or federal agency.
    [Added by Ord. 2014-2244, 11/10/2014]
    O. 
    ILLUMINATED SIGN
    Any sign using artificial light to enhance the visibility of the sign.
    [Added by Ord. 2014-2244, 11/10/2014]
    P. 
    MEMORIAL SIGN
    A sign identifying a benefactor, a location of historical interest, or a statue or monument.
    [Added by Ord. 2014-2244, 11/10/2014]
    Q. 
    NAMEPLATE SIGN
    A sign indicating the profession, activity, or name of the occupant of a dwelling.
    R. 
    PARALLEL SIGN
    A sign painted on or mounted parallel to the face of a structure or wall and projecting not more than 12 inches from the plane or facade of the structure's wall or above the roofline or eaves of the structure.
    S. 
    PERMANENT SIGN
    Any sign not classified as a temporary sign.
    [Added by Ord. 2014-2244, 11/10/2014]
    T. 
    PORTABLE SIGN
    A sign, with or without a display or legend, which is self-supporting without being firmly embedded in the ground, or is fixed on a movable stand or mounted on wheels or movable vehicles, or made easily movable in some other manner.
    U. 
    PROJECTING SIGN
    A sign which is affixed to any building, wall or structure and extends more than 12 inches, but less than 48 inches, horizontally from the facade or plane of the structure.
    V. 
    PYLON SIGN
    A single vertical structure, square or rectangular pole permanently anchored to the ground. See freestanding sign requirements.
    W. 
    TEMPORARY SIGN
    Any sign that is not intended to be permanently installed. Construction site signs, real estate sale signs and garage/yard sale signs are examples of temporary signs.
    [Added by Ord. 2014-2244, 11/10/2014]
    X. 
    VEHICULAR SIGN
    A portable sign which is affixed to and/or painted on a vehicle in such a manner that the carrying of such a sign or signs is no longer incidental to the vehicle's primary purpose.
    Y. 
    WALL SIGN
    A sign mounted parallel to the face of a structure or wall and projecting not more than 12 inches from the plane or facade of the structure wall or above the roofline or eaves of the structure.
    Z. 
    WINDOW SIGN
    A sign mounted on or within two feet of the inside of a window or on a window and which can be seen from outside the window.
    SOLAR ENERGY
    Radiant energy (direct, diffuse, and reflected) received from the sun.
    [Added by Ord. 2235, 7/8/2014]
    SOLAR ENERGY SYSTEM
    Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, and whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity.
    [Added by Ord. 2235, 7/8/2014]
    SOUND
    An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces, that causes compression and rarefaction of that medium. The description of "sound" may include any characteristic of such "sound," including duration, intensity and frequency.
    SOUND-LEVEL METER
    An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighting networks used to measure sound-pressure levels.
    SPORTS COMPLEX/RECREATIONAL FACILITY
    A sports complex, including indoor and/or outdoor sports facilities, which may be publicly or privately owned and operated, including but not limited to facilities such as a stadium, indoor arenas, aquatic facilities, track-and-field venues, and outdoor fields for a variety of sports, athletics and recreational facilities.
    STEALTH TECHNOLOGY
    Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flag poles and light poles.
    [Added by Ord. 2236, 7/8/2014]
    STEEP SLOPES
    Areas where the average slope exceeds 15% and has a grade crossing three consecutive two-foot contours or six feet in elevation, or as otherwise defined in the Subdivision and Land Development Ordinance.
    STORY
    That portion of a building included between the surface of any floor and the surface of the floor just above it, or, if there is no floor above it, including those basements which are used for the principal use. A "half story" is a space under a sloping roof which has the line of intersection of the roof and wall face, but is not more than three feet above the floor level, and the space in which the possible floor area has a headroom of five feet or less and occupies at least 40% of the total floor area of the story directly beneath.
    STORY, GROUND
    That story with its floor level immediately above the average finished grade level of the adjoining ground at any particular point or side of the building.
    STREET
    Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
    STREET CONNECTIVITY
    The attribute of linkage between lots to enable continuous vehicular access along a common thoroughfare.
    STREET FRONTAGE
    The area along a street line where a lot touches the street.
    STREET LINE
    The dividing line between the street and the lot. The street line shall be the same as the legal right-of-way, provided that where a future right-of-way width for a road or a street has been established, then that width shall determine the location of the street line.
    STREET NETWORK
    The system of interconnected vehicular accessways that provides street connectivity.
    STREETSCAPE
    The area between buildings along a street, within which sidewalks, street trees, streetlights, on-street parking and vehicular travel lanes are located, and the space that provides the outdoor room character that is emblematic in the traditional neighborhoods of the Borough.
    STREETSCAPE WIDTH
    The width of the space across the streetscape, measured from street walls on opposite sides of the street.
    STREET TREE
    A deciduous tree within the right-of-way of a street.
    STREET WALL
    The wall of a building close to the sidewalk along which traditional buildings are aligned, or in the case of an existing building with a deeper setback, the wall, pier, hedge, fence or condition located in place of a building wall.
    STRUCTURE
    Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
    SUBDIVISION
    The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines 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; provided, however, that land used for agricultural purposes divided into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
    SUBSTANTIALLY CHANGE
    [Added by Ord. 2236, 7/8/2014]
    A. 
    Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
    B. 
    Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
    TAVERN/BAR
    An establishment which serves alcoholic beverages for on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board.
    TEMPORARY OUTSIDE DISPLAY
    An outside display being necessary but incidental to the normal operations of the primary use and temporary in duration (such as seasonal displays).
    TEMPORARY STRUCTURE
    A structure placed in a certain location for a limited duration with the intent to remove such structure upon the expiration of a prescribed time period as established by the Uniform Construction Code advisory guidelines.
    TEMPORARY USE
    A use established for a limited duration with the intent to discontinue such use upon the expiration of a prescribed time period.
    THEATER AND ENTERTAINMENT CENTER
    A building in which films are shown, theater performed, and/or stage shows and concerts are performed, regardless of the type of film or program presented (with the exception of adult entertainment). This use does not include open-air, outdoor or drive-in theaters.
    TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
    Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.
    [Added by Ord. 2236, 7/8/2014]
    TOWN CENTER
    The zoning district as shown on the Phoenixville Borough Zoning Map.
    TRACT AREA
    The gross area of a property before subdivision or land development.
    [Amended by Ord. 2235, 7/8/2014]
    TRAIL
    A pedestrian thoroughfare, typically in a natural setting, that is built and maintained in accordance with the design standards of the Subdivision and Land Development Ordinance.
    TREE LAWN
    The space adjoining the curb, and between the curb and sidewalk, in which plantings are located.
    TREES, MATURE
    Trees which measure at least 10 inches dbh (diameter at breast height) at 4 1/2 feet above ground.
    TREE WELL
    A man-made structure built around the base of a tree, intended to enable the roots of the tree to thrive.
    WALL
    A man-made structure, typically made of stone, brick, or other masonry material, typically located to enclose, separate, or screen outdoor areas.
    WEIGHTED SOUND LEVEL
    The level so read is designated "dBCA" or "dBA," as measured on the slow weight scale. All sound levels referred to in this chapter shall be measured in dBA.
    WIND ENERGY FACILITY
    An electric-generation facility, whose main purpose is to supply electricity, consisting of one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities. The term does not include stand-alone wind turbines constructed primarily for residential or farm use.
    [Added by Ord. 2235, 7/8/2014]
    WIND TURBINE
    A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad turbine, if any.
    [Added by Ord. 2235, 7/8/2014]
    WIRELESS
    Transmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
    [Added by Ord. 2236, 7/8/2014]
    WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)
    Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way or other Borough-owned land or property.
    [Added by Ord. 2236, 7/8/2014]
    WIRELESS COMMUNICATIONS FACILITY (WCF)
    The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
    [Amended by Ord. 2236, 7/8/2014]
    WIRELESS SUPPORT STRUCTURE
    A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
    [Added by Ord. 2236, 7/8/2014]
    WOODLANDS
    Areas comprised of one or more acres of mature or largely mature trees and in which the largest trees measure at least six inches dbh (diameter at breast height) or 4 1/2 feet above ground. The woodland shall be measured from the dripline of the outer trees. Woodlands are also 10 or more individual trees which measure at least 10 inches dbh and form a contiguous canopy.
    YARD
    An open space, unobstructed from the ground up, except for permitted projections, plantings, and accessory buildings on the same lot with a structure, and which extends along a lot line, street line, and/or curbline and inward to the structure. The size of the yard shall be measured from the shortest distance between the primary structure and the lot line or street line.
    [Amended by Ord. 2016-2268, 11/1/2016]
    YARD, FRONT
    A yard between a structure and a street line and/or curbline extending the entire length of the street line and/or curbline. In the case of a corner lot, yards extending along all streets are yard fronts. In case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are also considered front yards.
    YARD, REAR
    A yard between a structure and the rear lot line which extends the entire length of the rear lot line.
    YARD, SIDE
    A yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
    Editor’s Note: The definition of "building setback line" was repealed 5/12/2015 by Ord. 2015-2251, § 2. The former definition of “building size,” which immediately followed this definition, was repealed 10/9/2018 by Ord. No. 2018-2294.
    Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
    Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
    Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
    Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
    Editor’s Note: The definition of “minimum building setback line” was repealed 5/12/2015 by Ord. No. 2015-2251, § 2.
    Editor’s Note: The former definition of “outdoor café,” added by Ord. No. 2016-2268, 11/1/2016, and which immediately followed this definition, was repealed by Ord. No. 2018-2294, 10/9/2018.
    Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
    Editor's Note: See 65 Pa. C.S.A. § 701 et seq.
    Editor's Note: See 68 Pa. C.S.A. §3101 et seq.
    Editor's Note: The Resource Protection Map is included as an attachment to this chapter.
Ord. 2227, 12-10-2013