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]
ACCESSORY USE OR STRUCTURE
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.
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.
(1)
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.
(2)
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.
(3)
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.
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.
CHILD OR ADULT DAY-CARE FACILITY
(1)
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.
(2)
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.
(3)
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]
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.
(2)
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.
(3)
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.
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]
(1)
An individual or two or more persons related by blood or marriage
or adoption, living together in a dwelling unit; or
(2)
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
(3)
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]
GROUP HOUSING DEVELOPMENT
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.
[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
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,
unless it is a massage therapy business as otherwise defined in this
chapter.
[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]
(1)
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
(2)
The business shall employ no employees other
than family members residing in the dwelling.
(3)
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]
NON-TOWER WIRELESS COMMUNICATIONS FACILITY OR (NON-TOWER WCF)
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) 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.
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.
SHIELDED LIGHT (HOME OCCUPATION)
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:
(1)
Flags and insignias of any governmental agency
or civic, charitable, religious, fraternal or similar organization.
(2)
Legal notices and identification, informational
or directional signs erected or required by governmental bodies.
(3)
Signs which are solely devoted to prohibiting
trespassing, hunting or fishing.
SPECIFIED ANATOMICAL AREAS
(1)
Less than completely and opaquely covered:
(a)
Human genitals, pubic region;
(c)
Female breasts below a point immediately above
the top of the areola.
(2)
Human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
(1)
Human genitals in a state of sexual stimulation
or arousal;
(2)
Acts of human masturbation, sexual intercourse
or sodomy; or
(3)
Fondling or other erotic touching of human genitals,
pubic region, buttocks or female breasts.
STANDARD INDUSTRIAL CLASSIFICATION MANUAL (SIC)
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.
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 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.
(1)
FRONT YARDA yard extending along the front lot line throughout the full width of the lot.
(2)
REAR YARDA yard extending along the rear line of the lot throughout the full width of the lot.
(3)
SIDE YARDA yard extending from the front yard to the rear yard and measured from the side lot line to the building.
YARD SALE
The sale or offering for sale of new, used or second-hand
items of personal property on at least one residential premises at
any one time. The term "yard sale" shall be considered an event to
consist of a maximum of three consecutive days and shall include the
sale of items from a residential premises, regardless where on the
premises those items for sale are actually located. The term "yard
sale" shall include but is not limited to the following terms; garage
sale, neighborhood sale, flea market sale and any similar casual sale
of personal property on a residential premises.
[Added 8-8-2011 by Ord. No. 2011-09]