Borough of Chambersburg, PA General Provisions

Abiding by the provisions of the Fair Housing Act of 1968, as amended.

Promoting fair housing choice for all residents of Chambersburg.

ACCESSORY USE OR STRUCTURE

Assuring the rights of all individuals that are identified as members of a protected class by the federal government.

(4)

Prevention of discrimination in housing based on a person's race, color, national origin, religion, sex, familial status, or handicap.

§ 300-7 Definitions.

[Amended 2-8-1984 by Ord. No. 84-3; 1-27-1988 by Ord. No. 88-2; 5-22-1991 by Ord. No. 91-5; 5-27-1992 by Ord. No. 92-5; 5-11-1994 by Ord. No. 94-4; 10-12-1994 by Ord. No. 94-12; 12-14-1994 by Ord. No. 94-15; 10-23-1996 by Ord. No. 96-10; 3-12-1997 by Ord. No. 97-5; 3-26-1997 by Ord. No. 97-6; 4-22-1998 by Ord. No. 98-4]

For purposes of this chapter, the following words, terms, phrases and abbreviations shall have the meanings respectively ascribed to them by this section:

ACCESSIBILITY

There are no barriers which prevent a physically disabled person in a wheelchair from having full access to a living unit, both inside and outside as required by the Americans with Disabilities Act (ADA).

[Added 12-10-2018 by Ord. No. 2018-17]

A use or structure subordinate to the principal use of a lot or building on the same lot and serving a purpose customarily incidental to the principal use of the lot or principal building on the lot.

ADDITION

Any construction which increases the size of or adds to a structure.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or related to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

ADULT CABARET

An adult club, restaurant, theater, hall or similar place which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers exhibiting specified anatomical areas or performing specified sexual activities.

ADULT MINI-MOTION-PICTURE THEATER

An enclosed building with a capacity for fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT MOTION-PICTURE THEATER

An enclosed building with a capacity for 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

ADULT OPEN AIR MOTION-PICTURE THEATER

Any building or other structure open on one or more sides or at the roof and used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to specified sexual activities or specified anatomical areas for observation by patrons therein.

AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH)

A legal requirement that federal agencies and federal grantees further the purposes of the Fair Housing Act. This obligation to affirmatively further fair housing has been in the Fair Housing Act since 1968. (For further information see Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3608 and Executive Order 12892.) HUD'S AFFH rule provides an effective planning approach to aid program participants in taking meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. As provided in the rule, AFFH means ''taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing to all of a program participant's activities and programs relating to housing and urban development.

[Added 12-10-2018 by Ord. No. 2018-17]

AGRICULTURE

The use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, viticulture, fish culture, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing produce, provided that the operation of any such accessory uses shall be incidental to that of the normal agriculture activities, and provided further that the above uses shall not include the business of garbage feeding of hogs, fur farms or the raising of animals such as rats, mice, monkeys and the like used in medical or other tests or experiments, nor the stockpiling of manure or other farm wastes beyond the reasonable needs of customary farm operations within the Borough of Chambersburg.

ALLEY

A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

ALTERATION

As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing height, or the moving from one location or position to another.

AMERICANS WITH DISABILITIES ACT

The Americans with Disabilities Act (42 U.S.C. § 12131; 47 U.S.C. §§ 155, 201, 218, and 225) (ADA) prohibits discrimination against persons with disabilities in all programs and activities sponsored by state and local governments.

[Added 12-10-2018 by Ord. No. 2018-17]

APARTMENT

A dwelling unit within a multiple dwelling. This classification includes apartments in apartment houses, apartment hotels, bachelor apartments, studio apartments and kitchenette apartments. Conversion apartments are not included in this classification.

AUTOMOTIVE BODY SHOP

Any facility or part thereof that is used or intended to be used for the repair and/or painting of motor vehicle chassis, bodies and fenders.

AUTOMOTIVE REPAIR GARAGE

Any facility used or designated to be used for major mechanical repair activities of motor vehicles. There shall be excluded from this definition those activities relating to automotive service stations and automotive body shops.

AUTOMOTIVE SERVICE STATION

Any facility that is used for servicing motor vehicles, including the retail sale of gasoline and other fuels, oil and certain accessories sold as an incidental part of said servicing activities. There shall be excluded from this definition automotive repair garages and automotive body shops as those terms are herein defined.

BATHHOUSE

An establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist licensed by the Commonwealth of Pennsylvania.

BED-AND-BREAKFAST RESIDENTIAL USE

A private, owner-occupied residence with the rental of no more than five rooms on a temporary basis with an arrangement to provide breakfast to the renter for a fee.

BILLBOARD

See "sign."

BOARD

The Zoning Hearing Board of the Borough of Chambersburg.

BOARDINGHOUSE

A building designed or used for more than two but not more than five guest rooms or rental of space for more than two but not more than five guests where lodging, with or without meals, is provided for compensation. This definition shall not include dwellings rented in their entirety to a single family.

[Amended 10-19-2009 by Ord. No. 2009-18]

BUFFER YARD

A strip of land not less than 10 feet wide dividing different land uses on which the Borough may require screening of one use from the other.

BUILDING

Any structure having a total floor area greater than 200 square feet and having a roof supported by columns or walls for the housing or enclosure of persons or animals. When any portion of any such structure is completely separated from every other portion thereof by a division wall, without opening, then each portion shall be deemed to be a separate building.

BUILDING AREA

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

BUILDING LINE

A line established by law or agreement, usually parallel to a property line, beyond which a structure may not extend.

FRONT SETBACK LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the side line of structures erected upon the lot and the front lot line.

SIDE SETBACK LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of structures erected upon the lot and the side lot line.

CHILD OR ADULT DAY-CARE FACILITY

REAR SETBACK LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of structures erected upon the lot and the rear lot line.

BULLETIN

See "sign."

CARPORT

A roofed space having at least three sides open to the weather (except for such partial enclosures as are permitted in § 300-133 of this chapter) designed for the storage of motor vehicles and accessory to a main or accessory building.

CAR WASH

A facility consisting of one or more bays and providing special equipment for washing motor vehicles and trailers.

Any dwelling, building or portion thereof, including any on-site outdoor play area, where regular child or adult day-care services are provided, except those services described in Subsection (1)(a) and (b) next following:

(a)

The temporary or occasional care of any number of children or adults related to the person giving care which takes place at the home of the person giving care.

(b)

The temporary or occasional care of any number of children or adults at a dwelling unit customarily and regularly occupied by the children or adults as their residence.

Child and adult day-care facilities shall be further differentiated by the following two classifications:

[Amended 6-14-2021 by Ord. No. 2021-02]

(a)

DAY-CARE HOMEAny premises or dwelling unit, other than the home of the child or adult being provided care, where the day-care areas are being used as a family residence by the service provider, whether or not operated for profit, in which day care is provided to from four to six non- dependent children or adults, per day. For purposes of this reference, a day shall be considered a twenty-four-hour calendar day. This use requires a special exception approval in LDR or MDR Zoning Districts.

(b)

DAY-CARE CENTERA facility which provides care for a combined total of seven or more children or adults per day where the child or adult care areas are being used as a family residence by the service provider; or any number of children or adults per day where the child or adult care areas are not being used as a family residence by the provider. For purposes of this reference, a day shall be considered a twenty-four-hour calendar day. This use is permitted in DCN, DCH and Central Core Zoning Districts and by special exception in LDR, MDR, MM and HM Zoning Districts.

DISMANTLED OR NONOPERABLE MOTOR VEHICLE

In providing criteria for child or adult day-care facilities under these definitions, it is intended to include child or adult day-care facilities providing service for all or part of a twenty-four-hour day for children under 16 years of age or for persons who are otherwise disabled. Day-care facilities shall include day-care homes and day-care centers as otherwise defined above. The criteria is not intended to apply to activities excluded by the definition of child or adult day-care facilities as stated above or child day-care services provided in places of worship during religious services or other social activities conducted by places of worship.

[Amended 8-13-2007 by Ord. No. 2007-09; 6-14-2021 by Ord. No. 2021-02]

CHURCH

A building used for religious worship, excluding separate buildings used for residential, educational, burial, recreational or other nonworship uses.

CO-LOCATION

The placement or installation of new wireless telecommunications facilities on previously approved and constructed buildings, structures, towers, monopoles, utility poles, streetlight poles and traffic signal poles. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.

[Added 8-10-2015 by Ord. No. 2015-10]

CONVERSION APARTMENT

A two-family or multifamily dwelling constructed by converting an existing building into apartments for more than one family without substantially altering the exterior of the building.

CUSTOMARILY ACCESSORY

Accessory uses or structures which, within the Borough of Chambersburg, are normally incidental to any legal principal use or structure on a lot or tract of ground.

DEPARTMENT STORE

Any facility designed or utilized for the sale, at retail, of a variety of merchandise in the ordinary course of business.

DISABLED

Disability pertains to any person who has a physical or mental impairment that substantially limits one or more major life activities; has a record of such impairment; or is regarded as having such an impairment.

[Added 12-10-2018 by Ord. No. 2018-17]

A motor vehicle which does not display a current license plate or has been so dismantled that it is manifestly incapable of being self-locomotive.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated telecommunications antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 8-10-2015 by Ord. No. 2015-10]

DWELLING

Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including hotels, lodging houses or boardinghouses, tourist homes, travel trailers or other temporary structures.

ATTACHED DWELLING (ROW HOUSE or TOWNHOUSE)A building designed for and intended to be occupied exclusively as a residence for one family and having a party wall on each side in common with an adjoining dwelling.

MULTIFAMILY DWELLINGA building designed for and intended to be occupied exclusively as a residence providing living quarters for three or more families living independently of each other.

SINGLE-FAMILY DETACHED DWELLINGA building designed for and used exclusively as a residence for one family and having no party wall in common with any adjacent building.

(4)

SINGLE-FAMILY SEMIDETACHED DWELLINGA building designed for and used exclusively as a residence for one family and having one party wall in common with an adjacent building (end unit of a townhouse).

(5)

TWO-FAMILY DWELLINGA building designed for and intended to be occupied exclusively as a residence for two families living independently of each other.

DWELLING UNIT

A residential unit providing complete and independent living facilities for a single family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

ELDERLY HOUSING

Private or subsidized housing under one or more governmental programs restricted to persons 55 years of age or older.[1]

FAIR HOUSING ACT

The Fair Housing Act, 42, U.S.C. § 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions, and homeowners insurance companies whose discriminatory practices make housing unavailable to persons because of race or color, religion, sex, national origin, familial status, or disability.

[Added 12-10-2018 by Ord. No. 2018-17]

FAMILY

[Amended 12-10-2018 by Ord. No. 2018-17]

An individual or two or more persons related by blood or marriage or adoption, living together in a dwelling unit; or

A group of not more than three persons who need not be related by blood or marriage or adoption, living together as a single housekeeping unit in a dwelling unit and shared common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption; in either case exclusive of usual servants or care personnel; or

GROUP HOUSING DEVELOPMENT

A group of not more than five unrelated disabled persons living together as a single housekeeping unit in a dwelling unit and sharing common facilities as considered reasonably appropriate for a family related by blood, marriage or adoption.

FCC

The Federal Communications Commission.

[Added 8-10-2015 by Ord. No. 2015-10]

FENCE

A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof, that is constructed of wood, chain-link metal or aluminum and/or plastic or vinyl. Man-made barriers constructed with a footer foundation and blocks with mortar between or interlocking, including but not limited to brick, concrete or cinder block shall be considered a "wall." The term "wall" does not include engineering retaining walls. The terms "fence" and "wall" do not include barriers of landscaped materials, including hedges.

[Added 9-10-2012 by Ord. No. 2012-08]

FLASHING LIGHTS

Reference in this Code of Ordinances to the term "flashing lights" shall be reference to a sign that utilizes flashing, scrolling or intermittent lights to form or light a sign message. For purposes of this Code of Ordinances, any sign that utilizes flashing, scrolling or intermittent lights to create text or images in which the text or image changes in frequency greater than one time every 15 seconds shall be considered a flashing light. In measuring the interval, the 15 second interval will begin when the text or images is first visible and end when the same text or image is no longer visible.

[Added 5-22-2006 by Ord. No. 2006-4]

GARDEN APARTMENT

A multifamily dwelling consisting of two or more stories and containing one-story dwelling units under one ownership.

GROUP HOME

A residential facility occupied by groups of people not defined as a family and living together on a short-term or long-term basis. Not more than 10 unrelated individuals may occupy the residence, not including a staff person or persons who provide care and services to the residents. The group home must be a licensed facility by the state to provide personal care to the residents who may be developmentally or physically disabled.

[Added 12-10-2018 by Ord. No. 2018-17]

A housing development operated by an entity devoted to the care of persons whose parents, guardians or family members are deceased or otherwise unable to care for them. This use shall not include any type of medical care facility or facility of which a principal function is to provide housing or treatment for criminal activity or chemical addiction. The use must be licensed or certified under an appropriate federal or state program. The development must contain a group of two or more buildings to be constructed on a plot of ground of at least five acres not subdivided into the customary streets and lots and which will not be so subdivided.

[Added 7-13-2009 by Ord. No. 2009-15]

HEALTH-CARE FACILITY

An acute care, short-term or long-term care facility, licensed by the Commonwealth of Pennsylvania, which provides medical, surgical, psychiatric, or obstetrical care, and any and all other health care to inpatients and emergency room patients, and provides ambulatory and clinical care for outpatient diagnosis and treatment and other uses customarily associated with health care. A "health-care facility" shall include but is not limited to a hospital, offices for administrators and health care employees, including physicians who work for or are under contract with a health-care organization; health-care facilities, such as medical laboratories, diagnostic testing and/or treatment centers, physical therapy and inpatient pharmaceutical facilities; health-care operations and support offices; health-care operations and maintenance facilities, such as food service and laundry facilities, housekeeping and maintenance storage areas; extended-care facilities, overnight accommodations and cafeteria facilities; medical libraries and educational facilities; cogeneration, incineration, water, electrical and heating equipment facilities; and off-street parking facilities.

[Added 1-5-2004 by Ord. No. 2004-1]

HEIGHT

The height of a building or other structure, other than wireless communications facilities, in all districts shall be measured from a point at the center of the structure where it meets the ground facing the street where the address is assigned to the highest point of the structure visible from the street where the address is assigned, provided that chimneys, spires, towers and similar projections shall not be included in calculating the height. For wireless communications facilities, the vertical distance measured from the ground level, including any base pad, to the highest point on a WCF, including telecommunications antennas mounted on the tower and any other appurtenances.

[Amended 5-10-2010 by Ord. No. 2010-08; 8-10-2015 by Ord. No. 2015-10]

HELIPORT

An area designed to be used for the landing and take off of helicopters.[2]

[Added 1-5-2004 by Ord. No. 2004-1]

HOSPITAL

An institution providing outpatient and in-house care of sick and injured persons or animals.

HOTEL

A building, or portion thereof, with more than five guest rooms used more or less for temporary occupancy of individuals who are lodged with or without meals.

[Amended 10-19-2009 by Ord. No. 2009-18]

INCIDENTAL USE

An accessory use which, based upon customary practice within the Borough of Chambersburg, is supportive of and directly and immediately appropriate to a legal principal use.

JUNKYARD

A lot, land or structure, or part thereof, used primarily for the collecting, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.

LATTICE TOWER

A WCF or site which consists of a freestanding framework tower, designed and erected on the ground or on top of a structure, to support telecommunications antennas and connecting appurtenances.

[Added 8-10-2015 by Ord. No. 2015-10]

LODGING HOUSE

See "boardinghouse."

[Amended 10-19-2009 by Ord. No. 2009-18]

LOT

A parcel of land defined by metes, bounds or boundary lines in a recorded deed or on a recorded plan on which a main building and any accessory buildings are or may be placed, together with the required open spaces. In determining lot areas, no part thereof within the limits of the street shall be included. A corner lot is a lot fronting on and at the intersection of two or more streets intersecting at an angle of not more than 135°.

MANUFACTURING

The process of producing some new article by the application of skill and labor to an original substance or material out of which such new article emerges. For purposes of this chapter, the word "manufacture" shall include the word "fabricate."

MASSAGE PARLOR

[Amended 9-13-2004 by Ord. No. 2004-15]

MASSAGE THERAPY BUSINESS

An establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body and all form and methods of physiotherapy, operated by a medical practitioner, a professional massage therapist certified by the National Certification Board for Therapeutic Massage and Bodywork or a professional physical therapist licensed by the Commonwealth of Pennsylvania.

[Added 9-13-2004 by Ord. No. 2004-15]

MATURE ZONE

Beginning at the intersection of Maryland Avenue and South Seventh Street, thence northeast along the center line of South Seventh Street to the intersection of Wayne Avenue and South Seventh Street, thence northwest along the center line of Wayne Avenue to Coldbrook Avenue, thence in a northeasterly direction along the center line of South Coldbrook and North Coldbrook Extended until it intersects with the Falling Spring Creek, thence in a northwesterly direction along the center line of the Falling Spring Creek until it intersects with Fifth Avenue, thence along the center line of Fifth Avenue in a northerly direction until it intersects with Norland Avenue, thence along Norland Avenue in a northwesterly direction until it intersects with the high line, thence in a northeasterly direction along the center line of the high line until it intersects with the Borough of Chambersburg's boundary line, thence following the Borough's boundary line until it intersects with Woodstock Road, thence in a northwesterly direction along the center line of Woodstock Road until it intersects with Roland Avenue, thence in a southwesterly direction along the center line of Roland Avenue until it intersects with Belvedere Court, thence in a southwesterly direction along the center line of Belvedere Court until it intersects with Hudson Avenue, thence along the center line of Hudson Avenue in a northwesterly direction until Hudson Avenue Extended intersects with the Borough of Chambersburg's boundary line, thence following approximately the western boundary line of the Borough until it intersects with the right-of-way of Dump Road, thence along the northern right-of-way of Dump Road in an easterly direction until it intersects with Hollywell Avenue, thence in a southerly direction along the center line of Hollywell Avenue until it intersects with Industrial Drive, thence in an easterly direction along the center line of Industrial Drive until it intersects with South Main Street, thence in a northerly direction along the center line of South Main Street until it intersects with the Western Maryland Railroad line, thence in a southeasterly direction along the center line of the Western Maryland Railroad until it would intersect with South Seventh Street, the place of beginning.

MEDICAL AND DENTAL CLINICS

Facilities providing a wide variety of patient services on an outpatient basis. Ordinary group medical practices will not be considered medical clinics.

MEDICAL LABORATORIES

A facility used for testing, sampling or research for any medical purpose involving and/or in any manner related to the treatment or care of humans.

[Added 1-5-2004 by Ord. No. 2004-1]

MEDICAL OFFICE

Any office conducted by an individual employed or associated with the health-care field who must be licensed under the laws of the commonwealth.

[Added 1-5-2004 by Ord. No. 2004-1]

MODELING STUDIO

An establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing or otherwise.

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 telecommunications antennas and connecting appurtenances.

[Added 8-10-2015 by Ord. No. 2015-10]

MOTEL

A building with more than five guest rooms used for temporary occupancy of persons who are principally transients arriving and departing by motor vehicles, without facilities for cooking and serving meals in individual rooms or suites. It may contain a restaurant, tearoom or establishment for the sale and consumption of alcoholic beverages.

[Amended 10-19-2009 by Ord. No. 2009-18]

MUNICIPAL BUILDING

Any building owned, leased or occupied by an agency or activity which is an integral part of a federal, state or local government activity.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. To comply with this definition, the business or commercial activity must satisfy the following requirements:

[Added 8-23-2004 by Ord. No. 2004-14]

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY OR (NON-TOWER WCF)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electronic interference, including interference with radio or television reception, which is detectible in the neighborhood.

(6)

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use of the neighborhood.

(7)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)

The business may not involve any illegal activity.

NONCONFORMING LOT

A nonconforming lot is any lot which was in existence on January 23, 1956 (the effective date of the Borough of Chambersburg Zoning Ordinance) and which did not conform to the lot area or lot width regulations of the district in which it was located, or any lot existing on the effective date of any amendment to this chapter which did not conform to the lot area or lot width regulations of the district in which it was located on the effective date of the amendment to this chapter.

[Added 4-23-2007 by Ord. No. 2007-04]

NONCONFORMING STRUCTURE

A nonconforming structure is any structure which was in existence on January 23, 1956 (the effective date of the Borough of Chambersburg Zoning Ordinance) which contained a use which was permitted in the district in which it was located but which did not conform to the district’s regulations for height, lot area, lot width, lot coverage regulations or lot yard regulations, or any structure which was in existence on the effective date of any amendment to this chapter which contained a use which was permitted in the district in which it was located but which did not conform to the district’s regulations for height, lot area, lot width, lot coverage regulations or lot yard regulations.

[Added 4-23-2007 by Ord. No. 2007-04]

NONCONFORMING USE

A nonconforming use is any lawful use of a structure or tract of land, or both, which was in existence on January 23, 1956 (the effective date of the Borough of Chambersburg Zoning Ordinance) and which did not conform to the use regulations of the District in which it was located, or any lawful use of a structure or tract of land, or both, existing on the effective date of any amendment to this chapter which did not conform to the use regulations of the district in which it was located on the effective date of the amendment to this chapter.

[Added 4-23-2007 by Ord. No. 2007-4]

A WCF that is mounted to a building or structure that is not tower-based. Non-tower WCFs shall not include support structures for telecommunications antennas or any related telecommunications equipment that is mounted to the ground or at ground level.

[Added 8-10-2015 by Ord. No. 2015-10]

NURSING OR CONVALESCENT HOME AND/OR FACILITIES

A long-term facility or a distinct part of a facility licensed or approved as a nursing home or convalescent home with skilled nursing care, including an infirmary unit of a home for the aged owned by a health-care facility and/or governmental medical institution.

[Added 1-5-2004 by Ord. No. 2004-1]

OUTPATIENT HEALTH-CARE CLINIC

An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists or social workers and where patients are not usually lodged overnight.

[Added 1-5-2004 by Ord. No. 2004-1]

PARKING FACILITIES

An off-street, level, surfaced area designed solely for the parking of motor vehicles, including driveways, passageways and maneuvering space and includes single and/or multilevel parking structures. Parking facilities shall include either covered garage space or uncovered parking lot space.

[Added 1-5-2004 by Ord. No. 2004-1]

PERSON

Any natural person, firm, partnership, association, corporation, company, trust or organization or entity of any kind.

[Added 8-10-2015 by Ord. No. 2015-10]

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her apparel.

PRIVATE SCHOOL

Any educational institution not owned or operated by a public school district or any agency of the federal, state or municipal government.

PRIVATE SERVICE DRIVE

A privately owned and maintained thoroughfare reserved as a means of access to the rear or side of abutting properties and not intended for general traffic circulation.

PRIVATE UTILITY

Gas, electric, telephone, cable television and/or any such service owned and operated by an individual or any profit or not-for-profit corporation or other similar legal entity (i.e., partnership, limited liability company, etc.) as permitted by law and not in violation of any municipal service restriction.

[Added 1-5-2004 by Ord. No. 2004-1]

PUBLIC LIBRARY

Any library facility owned or operated by any agency of the federal, state or municipal government or for which library services are offered to the general public without charge.

PUBLIC PARK

Any park owned or operated by any agency of the federal, state or municipal government.

PUBLIC PLAYGROUND

Any recreational area owned or operated by any agency of the federal, state or municipal government.

PUBLIC UTILITY

Gas, electric, telephone, cable television and/or any such service regulated by the Pennsylvania Public Utility Commission or owned and operated by a governmental body.

[Amended 1-5-2004 by Ord. No. 2004-1]

RECREATIONAL FACILITIES

Places, whether privately or publicly owned, operated for the conduct of sports and leisure-time activities, excluding facilities which customarily charge a fee for use, such as an outdoor or indoor public place of amusement.

[Added 1-5-2004 by Ord. No. 2004-1]

RECREATIONAL VEHICLE

Shall include a house coach, house trailer, motor home, recreational trailer, truck camper, (all as defined in the Pennsylvania Vehicle Code[3]) or any other vehicle designed or intended as a dwelling place, living abode, or sleeping space.

[Added 2-13-2023 by Ord. No. 2023-05]

RELATED TELECOMMUNICATIONS EQUIPMENT

Any piece of equipment related to, incident to, or necessary for, the operation of a WCF. By way of illustration, not limitation, "related telecommunications equipment" includes generators and base stations.

[Added 8-10-2015 by Ord. No. 2015-10]

RESIDENTIAL HOTEL

A hotel used by 11 or more reasonably permanent guests only and not by transients.

RESTRICTED CLASSIFICATION

LESS RESTRICTED CLASSIFICATIONOne appearing later in the series of designations in § 300-8.

SHIELDED LIGHT (HOME OCCUPATION)

MORE RESTRICTED CLASSIFICATIONOne appearing earlier in the series of designations in § 300-8.

RIGHT-OF-WAY OR ROW

Shall bear the same definition as "public way" in Chapter 238 of the Code of the Borough of Chambersburg, § 238-2.

[Added 8-10-2015 by Ord. No. 2015-10]

SANATORIUM

An in-residence medical treatment facility particularly designed to care for invalids.

SCREENING

A well-maintained fence, wall, hedge or vegetative material at least seven feet in height and of a density to conceal from the view of adjoining properties the structures and uses on the premises on which the screening is located. A covering consisting of a tarpaulin or other similar material shall not be considered adequate under this definition.

Lighting in which the direct rays of the light source cannot be cast upon public streets, alleys, sidewalks, and adjoining properties.

SHOPPING CENTER

A shopping center is considered any multitenant commercial complex that accommodates detached or attached buildings, or a combination of both, as well as shared off-street parking and driveway access areas developed on one lot or numerous contiguous lots totaling at least 10 acres.

[Added 4-23-2007 by Ord. No. 2007-05]

SIGN

Any advertisement, announcement, direction or communication produced in whole or part by constructing, erecting, affixing or placing a structure on any land or on any other structure, or produced by painting, pasting or placing any printed, lettered, pictured, figured or colored material on any building, structure or surface, not including lettering or other identification which is part of the architectural design of a building, but not including the following:

Flags and insignias of any governmental agency or civic, charitable, religious, fraternal or similar organization.

Legal notices and identification, informational or directional signs erected or required by governmental bodies.

SPECIFIED ANATOMICAL AREAS

Signs which are solely devoted to prohibiting trespassing, hunting or fishing.

Less than completely and opaquely covered:

(a)

Human genitals, pubic region;

(b)

Buttocks; and

(c)

Female breasts below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Human genitals in a state of sexual stimulation or arousal;

Acts of human masturbation, sexual intercourse or sodomy; or

STANDARD INDUSTRIAL CLASSIFICATION MANUAL (SIC)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

The classification of manufacturing is based on the United States Bureau on the Census, Census of Manufacturers, 1972 Numerical List of Manufactured Products [New (1972) SIC Basis], Series MC72-1.2, United States Government Printing Office, Washington, D.C. 1973.

STORAGE

A function involving the disposition of materials, goods or products for safekeeping.

[Added 5-13-2013 by Ord. No. 2013-08]

STORY

That portion of any building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between such floor and the ceiling next above it.

STREET

A public thoroughfare which affords a principal means of access to abutting property.[4]

TELECOMMUNICATIONS ANTENNA

Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services. A "telecommunications antenna" shall not include tower-based wireless communications facilities.

[Added 8-10-2015 by Ord. No. 2015-10]

TOURIST HOME

A building in which more than one but not more than five guest rooms are used to provide or offer overnight accommodations for transient guests for compensation.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more WCFs, including, but not limited to, lattice towers, monopoles, utility poles, streetlight poles and traffic signal poles. "DAS hub facilities" are considered to be tower-based WCFs.

[Added 8-10-2015 by Ord. No. 2015-10]

TRAILER

A vehicle designed to be towed by a motor vehicle.

[Amended 5-13-2013 by Ord. No. 2013-08; 2-13-2023 by Ord. No. 2023-05]

TRUCK STOP

Any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, and the sale of accessories or equipment for trucks and similar commercial vehicles. A truck stop also may include overnight accommodations and restaurant facilities. A truck stop is to be distinguished from a truck terminal by virtue of the fact that a truck stop is intended to include only those facilities anticipating a temporary stop en route to a final destination where cargo is loaded, unloaded and/or stored. It likewise contemplates a facility on which motor vehicles and trailers can be parked or stored only during such time as the operator is utilizing the facilities made available on the premises.

TRUCK TERMINAL

An area and building where cargo is stored and where trucks load and unload cargo on a regular basis. It is contemplated that there shall be permitted the extended parking or storage of motor vehicles and/or trailers at such facilities.

USE

The specific purpose for which land or a building is designated, arranged, or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks. The term does not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

[Added 2-13-2023 by Ord. No. 2023-05]

VISITABILITY

Visitability housing has at least one accessible means of ingress/egress, and all interior and bathroom doorways have as a minimum a thirty-two-inch clear opening.

[Added 12-10-2018 by Ord. No. 2018-17]

WALL

See "fence."

[Added 9-10-2012 by Ord. No. 2012-08]

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.), as amended.

[Added 8-10-2015 by Ord. No. 2015-10]

WIRELESS

Transmissions through the airwaves, including but not limited to infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 8-10-2015 by Ord. No. 2015-10]

WIRELESS COMMUNICATIONS FACILITY APPLICANT or (WCF APPLICANT)

Any person that applies for a land use permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Borough-owned land or property.

[Added 8-10-2015 by Ord. No. 2015-10]

WIRELESS COMMUNICATIONS FACILITY or (WCF)

The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.

[Added 8-10-2015 by Ord. No. 2015-10]

YARD

A space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this chapter.

FRONT YARDA yard extending along the front lot line throughout the full width of the lot.

REAR YARDA yard extending along the rear line of the lot throughout the full width of the lot.