For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
"Used" or "occupied," as applied to any land or building,
include the words "intended, arranged, or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but
is not mandatory. "Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also regulate
the plural, and the masculine shall include the feminine, and vice
versa.
F.
Any word or term not defined in this chapter shall
have its plain and ordinary meaning within the context of the section.
A standard reference dictionary should be consulted.
G.
The words "such as," "includes," "including" and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation,
partnership, trust, organization or association, as well as an individual.
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
The definition in the State Motor Vehicle Code shall apply,
provided that vehicles and equipment used or to be used in construction
or in the operation or maintenance of public utility facilities and
which are left in a manner which does not interfere with the normal
movement of traffic shall not be considered abandoned vehicles for
the purposes of this chapter. As of 2008, such definition was as follows:[1]
|
(1)
|
A vehicle (other than a pedalcycle) shall be
presumed to be abandoned under any of the following circumstances,
but the presumption is rebuttable by a preponderance of the evidence:
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|
(i)
|
The vehicle is physically inoperable and is
left unattended on a highway or other public property for more than
48 hours.
| ||
|
(ii)
|
The vehicle has remained illegally on a highway
or other public property for a period of more than 48 hours.
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|
(iii)
|
The vehicle is left unattended on or along a
highway or other public property for more than 48 hours and does not
bear all of the following:
| ||
|
(A)
|
A valid registration plate.
| ||
|
(B)
|
A current certificate of inspection.
| ||
|
(C)
|
An ascertainable vehicle identification number.
| ||
|
(iv)
|
) The vehicle has remained on private property
without the consent of the owner or person in control of the property
for more than 24 hours.
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|
(2)
|
Vehicles and equipment used or to be used in
construction or in the operation or maintenance of highways or public
utility facilities, which are left in a manner which does not interfere
with the normal movement of traffic, shall not be considered to be
abandoned.”
| ||
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
An establishment in which over 10% of the total floor area
is occupied by books, films, periodicals and videotapes which are
distinguished by a clear emphasis on displaying uncovered male or
female genitals or specified sexual activities or by paraphernalia
or novelties related to specified sexual activities and which items
are offered for sale, rent or receipt of coins or tokens. If such
items are within a room(s) that is(are) restricted to persons age
18 or older, then this definition shall apply to any establishment
in which over 10% of the floor area is within such restricted room(s).
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimers disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
A use including live entertainment involving persons (which
may include but not be limited to waiters, waitresses, dancers, clerks,
bartenders, contractors or others) displaying uncovered male or female
genitals or nude or almost nude female breasts or engaging in simulated
or actual specified sexual activities related to some form of monetary
compensation paid to a person or entity involved in such activity
or establishment.
A use involving the presentation to three or more persons
at one time in a room of motion pictures, videotapes or similarly
reproduced images distinguished or characterized by an emphasis on
depiction of specified sexual activities for observation by such persons
and that is related to some form of monetary compensation paid by
the persons viewing such matter.
This term shall include any of the following uses: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
facility/use.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
A vehicle right-of-way having a maximum right-of-way width
of 20 feet and that usually provides secondary access to the side
or rear of one or more lots and which is not intended for through
traffic.
An educational institution for persons between the ages of
18 and 30 that primarily provides specialized training to its students
and includes on-site student housing, dining and recreational facilities
for its students. An alternative school does not include a trade/hobby
school primarily intended for education of a work-related skill or
craft or hobby.
[Added 11-24-2009 by Ord. No. 2009-9]
A single lot containing one or more permitted uses with the
majority of the lot being allocated for the use of an alternative
school.
[Added 11-24-2009 by Ord. No. 2009-9]
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (other than a satellite dish
antenna, which is treated separately) or for transmitting short-wave
or citizens band radio frequencies. This shall include antennas used
by an amateur ham radio operator or by a contracting business or utility
to communicate with its employees but shall not include a commercial
communications antenna. This term includes any accessory supporting
structures.
See "dwelling types."
The definition in the State Municipalities Planning Code,
as amended, shall apply.[2]
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities,
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted-living facilities shall be
licensed as personal-care centers by the Commonwealth of Pennsylvania.
An area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles, recreational vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 380-34.
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in § 380-34.
An area where gasoline is dispensed into motor vehicles and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include activity meeting the definition of a "truck stop." See storage limits and other requirements in § 380-34.
The portion of a building that is partly or completely below
grade. See the definition of "story."
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 380-34 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 380-34.
A residential use in which room(s) that do not meet the definition
of a lawful dwelling unit are rented for habitation or a dwelling
unit that includes greater than the permitted maximum number of unrelated
persons. A boardinghouse shall not include a use that meets the definition
of a “hotel,” “dormitory,” “motel,”
“life-care center,” “personal-care center,”
“bed-and-breakfast inn,” “group home” or “nursing
home.” A college fraternity or sorority house used as a residence
shall be considered a type of boardinghouse. A boardinghouse may either
involve or not involve the providing of meals to residents but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boardinghouse shall primarily
serve persons residing on site for five or more consecutive days.
The Borough of Millersville, Lancaster County, Pennsylvania.
A strip of land that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 380-57.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
The percentage obtained by dividing the maximum horizontal
area, in square feet, of all principal and accessory buildings and
attached structures covered by a permanent roof on a lot by the total
lot area of the lot upon which the buildings are located.
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse but which does not involve
the actual processing or recycling of hazardous or toxic substances
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
The Millersville Borough Zoning Ordinance, including the
Official Zoning Map, as amended.[3]
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale from November 15 to December 30 of trees that were produced on
the premises.
See "places of worship."
A residential use accessory to an alternative school campus
and in which rooms that do not meet the definition of a lawful dwelling
unit are rented for habitation by its students and where each housing
unit may include rooms for up to five unrelated persons. A cluster
housing unit shall not include a use that meets the definition of
a hotel, dormitory, motel, life care center, personal care center,
bed-and-breakfast inn, group home or nursing home. A cluster housing
unit may involve the providing of meals to residents.
[Added 11-24-2009 by Ord. No. 2009-9]
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include but are not limited to antennas used for transmitting commercial radio or television signals or to receive such signals for a cable system or for cellular telephone communications. See § 380-34.
The NC, GC and RP Zoning Districts.
This term includes but is not limited to retail sales, offices,
personal services, auto sales, auto repair garages and other uses
of a similar profit-making nonindustrial nature. The sale of goods
or services from a vehicle on a lot shall also be considered to be
a commercial use.
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups and which does
not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons as accessory to leisure activities.
This shall not include residential uses or a treatment center.
A use that is only allowed under this chapter if conditional use approval is obtained. Conditional use approval shall be required from the Borough Council after the Planning Commission is provided an opportunity for a review. See § 380-19.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or the Uniform Planned
Community Act of 1996, as amended.[4]
The Lancaster County Conservation District or any agency
successor thereto.
[Added 3-22-2016 by Ord.
No. 2016-01]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided that the requirements for such use are met.
A process provided in the Municipalities Planning Code that
permits a municipality to address the potential invalidity of portions
or all of its own zoning ordinance.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including a nursery school or Head Start programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted
without regulation by this chapter:
FAMILY DAY-CARE HOME (or CHILD DAY-CARE AS AN ACCESSORY USE)A type of day-care use that is accessory to and occurs within a dwelling unit and provides care for four to six children at one time who are not relatives of the primary caregiver. See § 380-35.
GROUP DAY-CARE HOMEA type of day-care use that provides care for between seven and 12 children at one time who are not relatives of the primary caregiver, provides care within a dwelling unit, and is registered with the applicable state agency. [Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.]
CHILD DAY-CARE CENTERA type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary caregiver, does not meet the definition of a “group day-care home,” and is registered with the applicable state agency. [Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.] See § 380-34.
The Pennsylvania Department of Community and Economic Development
or any agency successor thereto.
[Added 3-22-2016 by Ord.
No. 2016-01]
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral
palsy, epilepsy or autism;
Found to be attributable to any other condition
found to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of mentally retarded persons or requires
treatment and services similar to those required for such persons;
or
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A residential facility that only houses full-time students
and staff persons of an accredited college or university and which
does not meet the definition of "dwelling units."
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings or their accessory
buildings and which does not meet the definition of a “street”
or an “alley.”
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of Article VIII.
APARTMENTTwo or more dwelling units within a building that do not meet the definition of a “single-family detached dwelling,” “twin dwelling” or “townhouse/row house.” The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of “single-family detached dwelling,” “single-family semidetached dwelling,” “townhouse” or “low-rise apartment,” that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; is designed for permanent occupancy; which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreational vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a sectional home, which is defined above. See standards in § 380-34.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROW HOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 380-34.
 |
A single habitable living unit occupied by only one family.
See the definition of "family." Each dwelling unit shall have its
own toilet, bath or shower, sink, sleeping and cooking facilities
and separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. A dwelling unit shall
not include either or both of the following:
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This use may
include housing for emergency personnel while on call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 380-27. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or a maximum of three unrelated individuals who maintain a common household and live within one dwelling unit. A dwelling unit shall be occupied by a maximum of one family. A family shall also expressly include numbers of unrelated persons allowed by the group home provisions of § 380-34 residing within an approved group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
The Federal Emergency Management Agency or any entity successor
thereto.
[Added 3-22-2016 by Ord.
No. 2016-01]
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete or similar materials shall be considered a wall. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. See § 380-35.
An establishment primarily involved with monetary, not material,
transactions and that has routine interactions with the public.
See definitions of “floodplain” and related terms in § 380-39.
The total floor space within a building(s), measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include but not
be limited to fully enclosed porches and basement or cellar or attic
space that is potentially habitable and has a minimum head clearance
of at least seven feet. Floor area shall not include unenclosed porches,
decks or breezeways.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 380-35.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 380-42.
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose and which is not owned by Millersville Borough. This term shall not include uses listed separately in the table of uses in Article III, such as publicly owned recreation. This term shall not include a prison.
A dwelling unit operated by a responsible individual,
family or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age or emotional, mental or physical handicap. This
definition shall expressly include facilities for the supervised care
of developmentally disabled persons and all persons subject to protection
under the Federal Fair Housing Act Amendments of 1988. Group homes
must be licensed where required by any appropriate government agencies,
and a copy of any such license must be delivered to the Zoning Officer
prior to the initiation of the use.
Group homes shall be subject to the same limitations
and regulations by the Borough as the type of dwelling unit they occupy.
It is the express intent of the Borough to comply
with all provisions of the Federal Fair Housing Act, as amended, and
regulations promulgated thereunder, in the construction of this term.
A group home shall not include a treatment center.
See standards in § 380-34.
NOTE: The Federal Fair Housing Act Amendments
defined "handicap" as follows: "1) a physical or mental impairment
which substantially limits one or more of such person's major life
activities, 2) a record of having such an impairment, or 3) being
regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as
defined in Section 802 of Title 21." This definition was subsequently
adjusted by Section 512 of the Americans With Disabilities Act to
address certain situations related to substance abuse treatment.
A product or waste or combination of substances that, because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes but is not
limited to materials which are included on the latest edition of one
or more of the following lists:
Amounts above the federally required reportable volumes of
hazardous substances included on the list of extremely hazardous substances
in 29 Code of Federal Regulations Part 1910, or its successor provisions.
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided that such 20% is not occupied by persons. See exemptions for certain types of structures in § 380-56. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article VII, entitled "Signs."
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 380-35.
LIGHT HOME OCCUPATIONA home occupation that meets the additional requirements for a light home occupation stated in § 380-35.
GENERAL HOME OCCUPATIONA home occupation that does not meet the requirements for a light home occupation.
A use involving the diagnosis, treatment or other medical
care of humans that includes but is not limited to care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an office. A hospital may involve care
and rehabilitation for medical, dental or mental health but shall
not primarily include housing or treatment of the criminally insane
or persons actively serving an official sentence after being convicted
of a felony. A hospital may also involve medical research and training
for health care professionals.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also "bed-and-breakfast" use. A hotel
or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is(are) not the principal use of the property.
The percentage of the lot area covered by man-made surfaces
that have a coefficient of runoff of 0.85 or greater. For the purposes
of determining compliance with this chapter, any stone surfaces that
may be allowed to be used for vehicle parking and movement shall be
considered to be impervious.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials. Junk shall not include:
Solid waste that is temporarily stored as is
customary in an appropriate container that is routinely awaiting collection
and is disposed of in a manner consistent with state regulations;
Toxic wastes;
Grass clippings, leaves, tree limbs or similar
yard waste materials; or
Items clearly awaiting imminent recycling at
an approved recycling facility.
Includes any vehicle or trailer that meets any
of the following conditions:
Cannot be moved under its own power, in regards
to a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs;
Cannot be towed, in regards to a trailer designed
to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body
or chassis;
Includes only the axle, engine, body parts and/or
chassis, separated from the remainder of the vehicle; and/or
Has had all of the tires removed from the vehicle
or has had one or more windows broken or removed from the vehicle
for more than 10 days.
See also the definition of "unregistered vehicle."
Land or a structure used for the collection,
storage, dismantling, processing and/or sale, other than within a
completely enclosed building, of material of one or more of the following
types:
Junk. (See definition of "junk.")
Three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the requirements of § 380-34 for an auto repair garage or auto service station.
One or more mobile/manufactured homes that are
not in a habitable condition.
Junk stored within a completely enclosed building
for business purposes shall be considered a warehouse.
A junkyard specifically shall include but not
be limited to any metal scrap yard or auto salvage yard.
The keeping of a greater number of dogs and/or cats than
is permitted under the “keeping of pets" provisions of this
chapter. A kennel may also serve other animals.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
A residential use, designed and operated exclusively for
adults 55 years of age or older and/or physically handicapped persons,
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, horses, poultry or insects beyond what is allowed under the "keeping of pets" section of § 380-35 and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A dwelling unit that is also allowed to be used for certain business purposes by a resident of the dwelling and which meets the standards for the use in § 380-34. A live-work unit operates similar to a home occupation, except certain zoning provisions are more permissive than apply to a home occupation.
[Added 5-23-2023 by Ord. No. 2023-03]
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
Areas within the designated future or existing
legal rights-of-way of any proposed or existing public streets or
alleys or any proposed or existing commonly maintained private streets
that serve more than one lot. (Note: other sections of this chapter
may specifically permit proposed streets to be included in determining
density for a specific use.)
Areas that are currently or will be required
to be dedicated as common open space on a separate lot. (Note: other
sections of this chapter may specifically permit proposed common open
spaces to be included in determining density for a specific use.)
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing street right-of-way. A corner lot shall have two front yards. See § 380-57B concerning corner lots.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
|
Sample Lot Line Configurations
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The abbreviations below correspond to:
| |||
|
a
|
= Front lot line
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|
b
|
= Rear lot line
| ||
|
c
|
= Side lot line
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|
d
|
= Front lot line required to meet § 380-57B
| ||
 | |||
The horizontal distance between the side lot lines, measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall.
|
Terms for Lot Requirements
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|---|
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For Illustrative Purposes Only
 |
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's skin other than
the face or neck by another person(s), that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
An establishment that meets all of the following criteria:
Massages are conducted.
The use does not meet the definition of "massage
therapy, certified," and the person conducting the massage is not
licensed as a health care professional by the state.
The massages are not conducted within a licensed
hospital or nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or
semiprivate rooms.
The use is not clearly a customary and incidental
accessory use to a permitted exercise club or to a high school or
college athletic program.
A use involving performance of massages by a person licensed
or certified by the state as a massage therapist or certified by a
recognized national organization that requires over 60 hours of professional
training. This use shall be considered a type of personal service.
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union associations
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
Mineral extraction includes but is not limited to the extraction of
sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
See under "dwelling types."
A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes and shall not be considered to be a mobile home park. See § 380-34.
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate or carry persons or cargo on roads and that is powered by
mechanized means.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended.[5]
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated
but which was lawfully in existence prior to the effective date of
this chapter or amendments hereinafter enacted.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 380-59.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 380-59.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 380-34.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
The Map as adopted by the Borough Council which designates
the location and boundaries of zoning districts.[6]
A parcel, or parcels, of land within a tract which meets
all of the following standards:
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public;
Is covered by a system that ensures perpetual
maintenance, if not intended to be publicly owned;
Will be deeded to the Borough and/or deed-restricted
to permanently prevent uses of land other than common open space and
noncommercial recreation; and
Does not use any of the following areas to meet
minimum open space requirements:
Existing street rights-of-way.
Vehicle streets or driveways providing access
to other lots.
Land beneath building(s) or land within 20 feet
of a building (other than accessory buildings and pools clearly intended
for noncommercial recreation and other than agricultural buildings
and a farmstead which are permitted within land approved by the Borough
for agricultural preservation).
Off-street parking (other than that clearly
intended for noncommercial recreation).
Area(s) needed to meet a requirement for an
individual lot.
For land intended to be open to the public,
that does not have provisions for entry with a twenty-foot minimum
width by pedestrians from a street open to the public or from an adjacent
common open space area that has access to such a street.
Land that includes a stormwater detention basin,
except for a basin or portions of a basin that the applicant proves
to the satisfaction of the Borough Council would be reasonably safe
and useful for active or passive recreation during the vast majority
of weather conditions.
Portions of land that have a width of less than
20 feet.
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement, unless
otherwise stated.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided that the application complies with all requirements
of this chapter. A nonconforming use shall not be considered to be
a permitted-by-right use, a special exception use or a conditional
use.
Shall mean "assisted-living facility."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber- and beauty shops, photography studios, shoe repair shops,
household appliance repair shops, and other similar establishments
but shall not include any adult uses, as herein defined.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 380-35.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 380-34.
See "Commission."
A principal structure which is also a building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public.
Notice required by the Municipalities Planning Code. (Note:
As of the adoption date of this chapter, for a Zoning Hearing Board
hearing or an amendment to this chapter, such act generally required
a legal advertisement published once each week for two successive
weeks in a newspaper of general circulation in the Borough, which
states the time and place of a meeting/hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication not less than
seven days from the meeting/hearing date.[7])
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests. "Publicly owned recreation" is a distinctly different
use from "indoor recreation" or "outdoor recreation."
INDOOR RECREATIONA type of recreation use that does not meet the definition of “outdoor recreation” and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 380-27.
OUTDOOR RECREATIONA type of recreation use that has a total building coverage of less than 15% and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 380-27, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling but that does not
involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted-by-right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more-distant
cousins. See definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted in a
household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation:
The R1, R2 and R3 Zoning Districts.
The lot line of a lot that contains an existing primarily
residential use or is undeveloped and zoned as a residential district.
An establishment that sells ready-to-consume
food or drink and that routinely involves the consumption of at least
a portion of such food on the premises.
A restaurant may include the accessory sale
of alcoholic beverages. However, if such sale is a primary or substantial
portion of the total trade, the requirements of a tavern or nightclub,
as applicable, must be met.
See "drive-through service" in this section.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
A residential development exclusively serving households in which at least one resident of each household is age 55 years or older. A household may also continue to be occupied by a surviving spouse of any age if his/her spouse dies after initial occupancy. In addition, the care of persons with disabilities shall be permitted in assisted-living facilities. A retirement community may also include other uses as authorized by § 380-34. Such use shall meet the applicable requirements of § 380-34.
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way
that will exist after completion of a subdivision or development,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently owns or holds another interest in the land or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
See "boardinghouse."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 380-57D.
See under "dwelling units."
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent future street right-of-way or exterior
lot line (when the property is not abutted by a right-of-way). Such
line shall be measured at right angles from and parallel to the front
lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 380-57B.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street, if a right-of-way exists. If a private
street does not have a right-of-way, the setback shall be measured
from the edge of the cartway.
An area required to be kept free of certain visual obstructions to traffic. See § 380-57.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 380-49 and 380-50. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising.
[Amended 1-27-2009 by Ord. No. 2009-1]
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided that the use complies with the conditions and standards required by this chapter. See § 380-17.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
A portion of a building between the upper surface of a floor
and the upper surface of the floor or roof next above. For the purposes
of determining maximum height in this chapter, a floor level shall
be considered a story if it meets the definition of an "aboveground
story" in the Building Code.[9] (Note: Such provisions often allow a rear walk-out basement
to not count as a story.) If a floor level has a clear ceiling height
less than seven feet and is not designed for habitation (such as attic
storage), then the level shall be considered a "half-story."
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably. Streets
shall be classified as "arterial streets," "collector streets" and
"local streets," as categorized in the Borough Comprehensive Plan.
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
Any individual enrolled in an educational institution other
than a child enrolled in a public or private primary or secondary
school.
[Added 10-27-2009 by Ord. No. 2009-7]
A use on the campus of an accredited college or university which offers customary commercial uses and dining facilities primarily to students and staff of the college or university and which meets the requirements for such use in § 380-27.
A residential use housing a maximum of 10 persons that an accredited college or university certifies, in writing, is recognized by the college or university as an affiliated organization, such as an academic special interest house. See provisions in §§ 380-27 and 380-34, including limits on the types of residents.
The definition in Chapter 325, Subdivision and Land Development, shall apply.
Chapter 325, Subdivision and Land Development, as amended.
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 380-35.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool."
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after-hours club." The sale
of food may also occur. See also the definition of “restaurant.”
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The storage of more than 150 used tires on a lot. See "outdoor storage" in § 380-35.
See "dwelling types."
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and does not primarily provide
state-required education to persons under age 16. Examples include
a dancing school, martial arts school, cosmetology school or ceramics
school.
A person involved with building trades, such as but not limited
to plumbing, electrical work, building construction, building remodeling,
and roofing.
A primarily residential development that meets the requirements for such use in § 380-29.
A commercial use that primarily involves providing fuel to
tractor-trailer trucks owned by numerous different companies. Such
use may also include related retail sales and repair services.[10]
A dwelling unit that is especially created for and limited to occupancy by a close relative of the permanent residents of the principal dwelling unit, is necessary to provide needed care and supervision to such relative, and meets the requirements for such use in § 380-35.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker (except for antique vehicles exempted
from safety sticker requirements under state regulations). The term
also shall not include motor vehicles displaying a license and inspection
stickers that have each expired less than 90 days previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code. See § 380-12.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal and
accessory structures within specified required minimum yard setbacks.
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
[Amended 10-27-2009 by Ord. No. 2009-7]
The front yard shall be on a side that faces
toward a public street, whenever one public street abuts the lot.
Each side of a lot abutting a public street is a front yard. See § 380-57 concerning corner lots.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions in § 380-57.
Every lot shall include at least one front yard.
A yard extending the full-width of the lot and
which is always measured from along the rear line and which establishes
the minimum setback for the subject structure and which stretches
between the side lot lines parallel to the rear lot line.
A principal building shall not extend into the
required rear yard setback for a principal building, and an accessory
structure shall not extend into the required rear yard for an accessory
structure, except as provided in this chapter.
Every lot shall include a rear lot line.
A yard which establishes the minimum setback
for the closest portion of the subject structure and which is measured
from along the entire length of the side lot line and which extends
from the front lot line to the rear lot line.
A structure shall not extend into the applicable
minimum side yard setback, except as provided for in this chapter.
See corner lot provisions in § 380-57B.
Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under § 380-57B.
The Official Zoning Map of Millersville Borough, Lancaster
County, Pennsylvania.[11]
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
This chapter, as amended.
[2]
Editor's Note: See 53 P.S. § 10107.
[3]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq. and 68 Pa.C.S.A. § 5103 et seq.
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
[6]
Editor's Note: The Zoning Map is included at the end of this chapter.
[7]
Editor's Note: See 53 P.S. § 10107.
[8]
Editor's Note: The definition of “sign, off-premises,” which immediately followed this definition, was deleted 1-27-2009 by Ord. No. 2009-1. For a definition of "off-premises sign," see now § 380-49.
[11]
Editor's Note: The Official Zoning Map is included at the end of this chapter.
