For the purpose of this chapter, certain words
shall have the meaning assigned to them as follows:
A.
Words used in the present tense include the future.
B.
The singular number includes the plural, and the plural
the singular.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," or "occupied for."
D.
The word "person" includes as individual, corporation,
partnership, incorporated association or any other similar entity.
E.
The word "includes" or "including" shall not limit
the term to the specified example but is intended to extend its meaning
to all instances of like kind and character.
F.
The word "should" means that it is strongly encouraged
but is not mandatory.
G.
The word "shall" is always mandatory.
H.
The word "sale" shall also include rental.
I.
The masculine gender shall include the feminine and
neuter, and vice versa.
K.
Any word or term not defined in this chapter or the
Borough Subdivision and Land Development Ordinance shall be used with
the meaning of standard usage within the context of this section.
L.
The words "such as," "includes," "including" and "specifically"
shall provide examples but shall not by themselves limit a provision
only to items specifically mentioned if such items would not otherwise
comply with the provision.
M.
Where a general provision and a specific provision
may conflict, the specific provision shall supersede the general provision,
unless stated otherwise.
The following words and phrases, as used in
this chapter, shall have the meaning given by this section:
The sharing of a common lot line by areas of continuous lots,
except not including lots entirely separated by a street or a nonintermittent
waterway.
One combined ingress/egress point, or one clearly defined
ingress point separated from another clearly defined egress point
onto or from a public street.
A subordinate building, the use of which is customarily incidental
to that of the principal building, which is used for an accessory
use and which is located on the same lot.
A structure, such as a private garage or private swimming
pool, serving a purpose customarily incidental to the use of the principal
building and located on the same lot as the principal building. Ground
level parking and ground level porches shall not be considered a structure.
A use conducted on the same lot as a principal use to which
it is related and located either within the same structure or in an
accessory structure or as an accessory use of land; a use which is
clearly incidental to, and customarily found in connection with a
particular principal use. No vending machine may be an accessory use
or accessory to a dwelling unit or units in any residential zoning
district.
[Amended 5-14-2015 by Ord. No. 2221, approved 5-14-2015]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, or its successor legislation.[1]
Includes contiguous lots that share a common lot line or
that are separated by a street or waterway.
Any business function in which there is no regular contact
with the general public and as to which no materials, products, goods
or prepared foods are stored except for office consumption.
See "sign" or "billboard."
An establishment having a significant or substantial portion
of the value of its stock-in-trade or of the total items of its stock-in-trade
(whichever is more inclusive) in books, films, magazines, video tapes,
novelties or other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
activities or nudity. These items shall include but not be limited
to materials that are illegal to sell to minors under Pennsylvania
state law.
A use that involves the care and supervision of persons who
are primarily over age 17; who are physically handicapped, elderly
or are mentally retarded; and that clearly primarily involves care
for periods of less than 80 hours per person during the average seven-day
period.
A building, a portion or all of which is used for presenting
motion pictures, slides or video tape disks or similarly reproduced
images distinguished or characterized by a significant emphasis on
matter depicting human sexual activities for observation by persons
therein. This shall include but not be limited to any theater that
shows any one or multiple motion pictures that have received a rating
of "X" or successor rating from the Motion Picture Association of
America or its successor organization.
A grouping of dwelling units sharing common elements which
are specifically designed for the needs of senior citizens. [See § 255-199A(2.l)].
[Added 2-8-2007 by Ord. No. 2068, approved 2-15-2007]
Includes "crop farming" and "animal husbandry." See definitions
of each.
An area of land which is designated, used or intended to
be used for the landing and take off of airplanes or ultra-light aircraft,
and any appurtenant areas which are desired to be used for airplane
support facilities such as maintenance, refueling and parking facilities.
Airports and airstrips shall be approved and shall meet all the applicable
state regulations.
A minor way, which may or may not be legally dedicated, and
is used primarily for vehicular service access to the rear side of
properties otherwise abutting on a street.
Includes but is not limited to the following:
All incidental changes or replacement in the
nonstructural parts of a building or other structures.
Minor changes or replacement in the structural
parts of a building or other structure, limited to the following examples
and others of similar character or extent:
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
Alteration of interior partitions in all other
types of buildings or other structures.
Making windows or doors in exterior walls.
Strengthening the load-bearing capacity in not
more than 10% of the total floor area to permit the accommodation
of a specialized unit of machinery or equipment.
A building routinely used for the treatment and the accessory
housing or boarding of animals. A "small animal hospital" includes
treatment of small domestic animal, including but not limited to dogs,
cats, rabbits, birds or fowl. A "large animal hospital" may include
treatment of all types of animals, including horses, cows and pigs.
The raising and keeping of livestock, poultry or insects for commercial purposes, or any keeping of animals for any reason beyond what is allowed in a permitted stable or kennel or under the keeping of pets, in compliance with § 255-200D(6). Animal husbandry shall not include a bulk commercial slaughterhouse or a central commercial stockyard for animals awaiting slaughter.
A dwelling unit within a mid-rise apartment building or a
garden apartment.
The extent of surface contained within the boundaries or
extremities of land or building.
Buildings and land used for the gathering together of persons
for purposes such as civic, social or religious functions, recreation,
food or drink consumption or awaiting transportation.
An area or structure involving indoor or outdoor seating
for meetings, live performances or sports events, but not including
a movie theater, adult cabaret or tavern.
A building or area, other than street, used for the display,
sale or rental of new or used motor vehicles, recreation vehicles,
boat trailers, farm equipment, motorcycles, trucks, utility trailers,
boats or transportable mobile/manufactured homes in operable condition.
Any major repair work shall be considered as a separate accessory
or principal use. This use shall not include a mobile/manufactured
home park or a junkyard. Outside storage and display of motor vehicles,
boats or manufactured homes shall be a permitted accessory use.
Buildings and land where major repairs of motor vehicles
are conducted. This use may also include retail sales of gasoline
and auto parts and the storage of vehicles being currently serviced.
Major repairs include major mechanical and body work, straightening
of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations. For the purposes of this chapter, this shall also include
closely similar repairs of boats.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail,
which use may include making minor incidental repairs. This use shall
not include major mechanical work, body work, straightening of body
parts, painting, welding or other work involving noise, glare, fumes,
smoke or other noxious characteristics.
An enclosed area partly or completely below grade. A floor
level shall be considered a building story if more than 30% of the
perimeter of the exterior walls at the basement ceiling line are five
feet or more above grade.
The use and occupancy of a single-family detached or semidetached
dwelling for accommodating transient guests for rent within the other
requirements of this chapter.
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives as regulated and defined
by the regulations of the Commonwealth of Pennsylvania.
A tract of land bounded by streets; a public park; railroad
right-of-way, excluding siding and spurs; and/or corporate boundary
lines of the Borough.
The Zoning Hearing Board of the Borough of Carlisle, except
in the historic preservation provisions shall mean the Historic Architectural
Review Board of the Borough of Carlisle.
A residential use in which individual room(s) that do not
meet the definition of a dwelling unit are rented for habitation routinely
for periods of seven consecutive days or longer and that does not
meet the definition of a hotel, dormitory, motel, life care center,
personal care center, bed-and-breakfast use, group home or nursing
home. A college fraternity or sorority house shall be considered a
type of boardinghouse. A boardinghouse may either involve or not involve
the providing of meals only to residents.
The process of breaching the skin or mucous membrane for
the purpose of insertion of any object including, but not limited
to, jewelry for cosmetic purposes.
[Added 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
The Borough of Carlisle and its government.
A strip of land separating a land use from another land use
or feature and which is free of any principal or accessory building,
parking, outdoor storage or any use other than open space. A buffer
yard may be a part of the minimum setback distance but may not include
an existing or future street right-of-way.
Any enclosed or open structure, other than a boundary wall
or fence, occupying more than four square feet of area.
DETACHEDA building which has no party wall and which is surrounded on all sides by areas open to the sky.
SEMIDETACHEDA building which has only one party wall and which is not attached to more than one building.
ATTACHED BUILDINGA building which has two or more party walls.
The area of ground covered by a building.
The percentage of the total area of the ground of a lot covered
by all buildings on the lot.
The horizontal measurement between the two most distant portions,
other than portions measured diagonally, of any one building or of
the total of two or more attached buildings.
The line running parallel to the street line such that it
is closest to the street line while still touching the nearest portion
of the nearest building.
A building in which is conducted the principal use of the
lot on which it is located.
An area of land measured a specific distance from and parallel to a street right-of-way line or lot line, within which no buildings shall be placed, except as expressly permitted. Exceptions permitted in the building setback include ground level parking, open or covered steps, ground-level porches, terraces, "Bilko" basement entrance doors, cornices and other ornamental features projecting from the walls of the building or structure. (See possible reduction of front yard setbacks in § 255-192.)
The horizontal measurement between the furthest portions
of two structural walls of one building that are generally parallel,
measured in one general direction that is most closely parallel to
the required lot width. For a townhouse, this width shall be the width
of each individual dwelling unit.
The cubic volume of a building.
A club, bar, tavern, theater, hall or similar place which
features topless female or bottomless male or female dancers, entertainers
or employees; strippers; simulated sex acts; or similar entertainers
or entertainment.
A use that is primarily recreational in nature that involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or travelers, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons under age 18 and their counselors.
An open space for the storage of one or more vehicles in
the same manner as a private garage. Any carport covered by a permanent
roof shall be considered a building. If the permanent roof is attached
to the principal building, it shall be considered to be part of that
building.
The paved area of a street utilized for motor vehicle traffic
and permitted on-street parking, but not including shoulders.
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles, but not
including an incidental one-bay hand-washing facility in a gasoline
service station where washing facilities are purely incidental to
the operation of said service station. A car wash may include a use
that involves attendants or that is automated.
Land used or intended to be used for the burials of deceased
humans, including a crematorium or mausoleum when operated in conjunction
with a cemetery and within its boundaries.
A statement signed by a duly authorized Borough officer setting
forth that a building, structure or use, to the best knowledge of
such official, legally complies with the Zoning Ordinance, and other
applicable codes and regulations and that the same may be used for
the purposes stated therein.
See "place of worship."
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the sale
of trees grown on the premises.
A function involving the restoration of materials, structures,
goods or products to a more pure, less contaminated, less adulterated
or less blemished condition.
A residential development that allows a reduced minimum lot
area in return for the developer providing a specified amount of common
open space.
An unheated outdoor structure consisting of a wooden or concrete
frame and a top of glass or plastic, used for protecting seedlings
and plants from the cold.[2]
[Added 7-11-2013 by Ord. No. 2182, approved 7-11-2013]
A retail store which offers for sale to the general public
motor vehicle fuel, oil, grease, automobile accessories, propane,
kerosene, general household products, magazines, lottery tickets,
prepackaged and/or canned food and goods, and foods prepared on site,
provided that the total building area of such store shall not exceed
10,000 square feet. This use specifically prohibits the repair of
automobiles and the storage of inoperable automobiles on site and
shall not constitute a fast-food restaurant or standard restaurant.
A car wash is permitted in an attached or detached structure as an
accessory use for a commercial convenience store.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
Includes the C-1, C-2, C-3, C-4 and C-5 Districts.
The harvesting of more than 40 trees with a trunk width of
six inches or more at a height one foot above the average ground level
on any tract or lot within a calendar year. The definition shall not
apply to Christmas tree farms nor to the clearing of a lot that is
clearly necessary for construction.
An area which is predominantly open space, is used principally
for active or passive recreation and is used for a profit-making purpose.
Includes retail sales offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
A motor vehicle that meets both Subsections A and B:
The Planning Commission of the Borough of Carlisle.
See "open space, common."
A noncommercial use that exists solely to provide recreational
and educational activities and programs to the general public or certain
age groups. The use includes community services and resource centers
and the noncommercial preparation and/or provision of meals to low-income
elderly persons.
[Amended 11-8-2007 by Ord. No. 2085, approved 11-24-2007]
Land managed and maintained by the public or a nonprofit
organization, individual or a group of individuals to grow and harvest
food crops and/or ornamental plants for use by a group, individuals
cultivating the land and their households, or for donation, but not
for retail sale. Community gardens may be divided into separate plots
for cultivation by individuals or used collectively by members of
a group. A community garden may be a principal or accessory use of
a site.
[Added 7-11-2013 by Ord. No. 2182, approved 7-11-2013]
A noncommercial use conducted by a nonprofit governmental or educational entity that exists solely to provide community or educational services to the general public free of charge and which is not limited to specific segments of the community, subject to compliance with § 255-199A(13.1).
[Added 11-8-2007 by Ord. No. 2085, approved 11-24-2007]
The document entitled the "Carlisle Comprehensive Plan,"
or any part thereof, adopted by the Borough Council.[3]
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of 1963 or the Pennsylvania Uniform Condominium
Act.[4] To ensure adequate provision for maintenance of roads
and shared facilities, development of condominiums or conversion of
an existing development into condominiums shall always be treated
as a subdivision and land development.
The total tract area.
An indoor facility owned, leased or offered to a person serving
as a host for the temporary convening or assembling of persons having
a common interest where the term of such host’s occupancy shall
not exceed two successive weeks.
[Added 3-10-2005 by Ord. No. 2030, approved 3-10-2005]
The Borough Council of the Borough of Carlisle.
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of crop farming shall also include orchards and Christmas
tree farms, but shall not include animal husbandry, commercial forestry,
riding academies or kennels.
A building and/or land open to the public which contains
exhibits of clearly artistic or cultural interest, such as a museum,
art gallery or indoor nature study area.
A use involving the supervised care of children outside of
their home under age 16, clearly primarily for a period of 18 hours
or less. This use may also include educational programs that are supplementary
to state-required education.
The lot area divided by the number of dwelling units on the
lot, unless otherwise stated.
The Pennsylvania Department of Environmental Protection,
or its successor, and its relevant subparts.
Any man-made change to improved or unimproved real estate
including, but not limited to, buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The term also includes any activities defined as "land development"
under the Carlisle Subdivision and Land Development Ordinance.[5]
Any type of commercial communication antenna that is used
for the 180° transmission, retransmission or reception of electronic
signals or information for commercial use.
See "satellite antennae."
The distance between the nearest exterior walls of two or
more buildings.
The process of materials so as to sort out which materials
are to be transported to different locations, and the loading and
unloading of such materials. This term shall not include a truck terminal.
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
Any building used by an educational or similar institution
for the housing of more than four of its students.
A privately owned, constructed and maintained vehicular access
from a street to one dwelling unit, more than one dwelling unit, provided
all of the units are held under single unified ownership, one commercial
unit or one industrial unit.
[Amended 2-14-2008 by Ord. No. 2092, approved 2-21-2008]
Dwelling unit.
Any lot of land, or part thereof, used for the disposal,
by abandonment, dumping, burial, burning or other means, and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery
vehicles, or parts thereof, or waste material of any kind that does
not operate under a sanitary landfill permit issued by DEP and that
does not meet the definition and requirements of a junkyard.
A building designed or used as the living quarters for one
or more family.[6] The term "dwelling" shall not include boardinghouse, hotel,
motel, hospital, nursing home, fraternity, sorority house or any group
residence. A dwelling may include a dwelling that meets the definition
of a "modular home."
A building designed and occupied as a residence for three
or more families. This specifically includes garden apartments, mid-rise
apartments or single-family attached dwellings. See definitions of
"garden apartments" and "mid-rise apartments."
A building used by one family and having two party vertical
walls in common with other buildings, such as row house or townhouse,
except in the case of end buildings attached to such dwellings, which
are also intended to be included in this definition.
A building used by one family, having only one dwelling unit
and having two side yards.
A building used by one family, having one or more side yards
and only one party wall in common with another dwelling unit. This
is commonly known as 1/2 of a twin or a duplex house.
A building used by two families, with one dwelling unit arranged
over the other and having two side yards.
A building used by two families, with one dwelling unit arranged
over the other, having one side yard, and one party wall in common
with another building.
A living area comprised of more than one room used for living
and sleeping purposes and having its own kitchen with fixed cooking,
refrigeration and plumbing facilities, and its own sanitation facilities
with bath and toilet fixtures, all arranged for occupancy by one family
or a single person. Each dwelling unit shall have a separate access
to the outside or to a common passageway.
A building for the housing of fire, ambulance, rescue, police
or paramedic equipment and for related activities. A membership club
may be included as an accessory use. Also, this use may include housing
for such emergency personnel while on call.
The highest number of compensated workers, including both
part-time and full-time, present on a lot at any one time during the
average week.
A facility that offers indoor or outdoor recreational facilities,
such as the following, weight room, exercise equipment, nonhousehold
pool, racquetball courts, handball courts and training for these activities.
An indoor facility owned, leased or offered to a person serving
as a host for the temporary exhibition of personal property and related
services to persons having a common interest in such property and
related services where the term of such host’s occupancy shall
not exceed two successive weeks.
[Added 3-10-2005 by Ord. No. 2030, approved 3-10-2005]
One or more persons, related by blood, foster relationship,
marriage or adoption, living together in a single dwelling unit and
maintaining and functioning as a common household. “Family”
shall also include not more than four persons not related by blood,
foster relationship, marriage or adoption, living together in a single
dwelling unit and maintaining and functioning as a common household.
In addition, a maximum of one person who is clearly a domestic employee
may be housed within a dwelling unit. A group home shall not be considered
a family.
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, plastic/PVC, wire mesh, chain-link metal or chain-link aluminum
and/or plastic inserts. Man-made barriers constructed principally
of other materials including, but not limited to, brick, concrete
or cinder block, shall be considered a wall. However, walls that are
not more than four feet in height may serve as the base or foundation
for a fence, in which case the total height of the wall and the fence
shall not exceed the maximum height of a fence. The term "wall" does
not include engineering retaining walls, which are permitted uses
as needed in all districts. The terms "fence" and "wall" do not include
barriers of landscaped materials, including hedges.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public, including banks, savings and loan, finance companies and
credit unions.
Unless otherwise specifically stated, includes the entire one-hundred-year floodplain. This includes FP-1 (Floodway), FP-2 (Floodway Fringe) and FP-3 (Approximated Floodplain) as defined by § 255-139.
The sum of the gross habitable area of the several floors
of a building or buildings measured from the interior face of exterior
walls or from center lines of walls separating two buildings. In particular,
floor area includes but is not limited to the following:
Basement space, if it meets the requirements
of a building story.
Elevator shafts, stairwells and attic space,
whether or not a floor has been laid, providing structural headroom
of eight feet or more.
Roofed terraces, exterior balconies, breezeways
or porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes,
no matter where located within the building.
Accessory buildings, excluding space used for
accessory off-street parking or used for loading berths.
Any other floor space not specifically excluded,
excluding space used for air-conditioning machinery or cooling towers
and similar mechanical equipment serving the building.
A type of boardinghouse, regulated as such, except where
a fraternal organization is housed in a college-owned and college-managed
dormitory, in which case it shall be regulated as a dormitory.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a residence, except as may be
allowed as a home occupation.
Three or more dwelling units within a building that are separated
by only horizontal floors or by a combination of horizontal floors
and vertical walls.[7] (See definition of "dwelling, single-family attached.")
This shall include buildings with a maximum height of 3 1/2 stories
or 35 feet, whichever is less. The individual dwelling units may be
leased or sold for condominium ownership.
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
A finished product.
A structure or portion of a structure made primarily of glass
or other translucent material, for which the primary purpose is the
cultivation or protection of plants.
[Added 7-11-2013 by Ord. No. 2182, approved 7-11-2013]
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of more than four persons, but does not exceed the maximum number of persons permitted by the group home standards of § 255-199A(18), and meets all other standards of such section.
Involves persons functioning as a common household
unit.
Involves providing nonrouting support services
and oversight to persons who need such assistance to avoid being placed
within an institution, because of physical disability, old age or
mental retardation/developmental disability, or that the applicant
proves to the satisfaction of the Zoning Officer meets the definition
of another handicap as defined by applicable federal law.
Does not meet the definition of a "treatment
center."
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health of the Commonwealth under
Pennsylvania Act 16 of 2016[8] to grow and process medical marijuana. The term does not
include a health care medical marijuana organization under Chapter
19, Research Program.[9]
[Added 12-8-2016 by Ord.
No. 2265, approved 12-8-2016]
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or dispensed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited to through the Pennsylvania Solid Waste Management Act.[10]
The vertical distance from the average finished grade in
front of the building or structure where the measurement is taken
to:
[Amended 7-14-2011 by Ord. No. 2152, approved 7-14-2011]
An area of land, water or a structural surface which is designed,
used or intended to be used for the landing and take-off of helicopters,
and any appurtenant areas which are designed to be used for helicopter
support facilities such as maintenance, refueling and parking. All
heliports shall be approved and shall meet all the applicable state
and federal regulations for their use.
See "access point."
An accessory use which is clearly incidental or secondary
to the residential use of the dwelling unit and is customarily carried
on within a dwelling unit or accessory building by one or more occupants
of such dwelling unit.
A type of home occupation that involves 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. Such use
shall be compatible with the residential use of the property.
A structure made of piping or other material covered with
translucent plastic, constructed in a half round or hoop shape.
[Added 7-11-2013 by Ord. No. 2182, approved 7-11-2013]
A use that involves the diagnosis, treatment or other medical
care of humans that includes care requiring stays overnight and that
may also include outpatient care. A medical care use that does not
involve stays overnight shall be considered a medical office or clinic.
A hospital may involve care and rehabilitation for medical, dental
or mental health, but shall not primarily include housing of the criminally
insane nor primarily involve housing or treatment of persons actively
charged with or serving a sentence after being convicted of a felony.
A hospital may also involve medical research and training for health
care professions.
An antenna used for transmitting/receiving electronic signals
or for the routine reception of television, shortwave amateur or citizens'
band radio signals, and broadband internet access, that does not meet
the definition of a commercial communications tower or satellite antenna
and that has a maximum height of 70 feet.
Any area covered by a structure, paving or other man-made
cover which has a coefficient of runoff of 0.8 or greater, as determined
by the Borough Engineer. Area required to be left in pervious surfaces
may be located in a different zoning district than the use, provided
that such land area is abutting or adjacent and that is deed restricted
from further development. The "maximum impervious coverage" shall
be the total area of impervious surfaces divided by the total lot
area.
Includes the I-1, I-2, UM and I-C Districts.
[Amended 8-9-2012 by Ord. No. 2168, approved 8-9-2012]
Includes manufacturing, distribution, warehousing and other
operations of an industrial and not primarily a commercial or residential
nature.
The pattern of traffic within a parking lot or similar paved
area.
An area of land with or without buildings, including land
inside a building not completely enclosed, used for the storage of
used and discarded materials, including but not limited to waste paper,
rags, metal, building materials, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
on a lot of two or more unlicensed or wrecked vehicles, or the major
part thereof, shall be deemed to constitute a junkyard except as is
permitted as an auto sales use, auto repair garage or auto service
station.
The keeping of more than three dogs or more than four cats
that are older than six months. A nonprofit animal shelter is a type
of kennel.
A form of residential use designated and operated exclusively
for adults 55 years of age or older and/or disabled persons, that
includes a nursing home and certain limited support facilities intended
specifically to serve the needs of these residents.
An area of land that is a lot of record held in single or
separate ownership.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). Lot area shall not include
the following:
See "lot, multiple frontage."
A lot bounded on two or more sides by streets whenever the
lines of such streets, or such lines as extended, form an interior
angle of 135° or less.
A function involving the processing, assembly, finishing,
polishing, repair, testing, packaging or production of materials,
goods or products.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. A
manufactured home shall not be considered to be any other type of
dwelling use or structure under this chapter. For floodplain management
purposes, this term also includes park trailers and other similar
vehicles placed on a site for greater than 180 consecutive days.
A parcel or contiguous parcels of land divided into two or
more manufactured home lots for rent or sale.
The manufacturing, compounding, processing, assembling, packaging
or testing of goods or equipment, including research activities, conducted
entirely within an enclosed structure, with no outside storage and
imposing a negligible impact on the surrounding environment by noise,
vibration, smoke, dust or pollutants.
The performance of manipulative exercise on a human body
by another person that involves the hands and/or mechanical device.
Massage that is a customary and accessory use to a medical
office, physical rehabilitation clinic or a permitted noncommercial
use such as public or private school, college or university athletics.
The term also includes massage by a massage therapist as an accessory
use to a permitted exercise club or similar facility. Accessory massage
is permitted solely when accessory to an accompanying permitted principal
use.
A commercial establishment in which the principal use consists
of massage and/or bodywork conducted by persons other than massage
therapists and which use does not constitute accessory massage. (See
"massage, accessory.")
A person holding a valid massage license issued by the Commonwealth
of Pennsylvania or absent such licensing procedure, satisfying either
of the following criteria:
Has graduated from a school licensed by the
Commonwealth of Pennsylvania, or by another state of the United States,
which requires at least 500 hours of education in massage and/or bodywork
techniques, anatomy and physiology, and who is a member of a nationally
recognized professional organization for massage and/or bodywork therapists
that adheres to a code of ethics; or
Holds current and valid certification from the
National Certification Board of Therapeutic Massage and Bodywork (NCBTMB).
A commercial establishment in which the principal use consists
of massage and/or bodywork conducted solely by massage therapists.
Articles which are components of a future product.
Marijuana for certified medical use as set forth in Pennsylvania
Act 16 of 2016.[11]
[Added 12-8-2016 by Ord.
No. 2265, approved 12-8-2016]
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no overnight
patients shall be kept on the premises. This use may involve the testing
of tissue, blood or other human materials for medical or dental purposes.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to members and their occasional guests, but not including
members of the general public. This use shall not include a target
range for outdoor shooting, boardinghouse, a tavern, restaurant open
to the general public or an auditorium unless that particular use
is permitted in that district and the applicable requirements of that
use are met.
[Amended 5-12-2016 by Ord. No. 2243, approved 5-12-2016]
Three or more dwelling units within a building that is higher
than 35 feet or 3 1/2 stories, whichever is less.
A mid-rise building composed of a multiple grouping of single level dwelling units on a floor with each floor stacked vertically over each additional floor and sharing common elements. [See § 255-199A(23.1).]
[Added 8-9-2007 by Ord. No. 2081, approved 8-21-2007]
Includes all activity which removes from the surface or beneath
the surface of the land some bulk mineral resources by means of mechanical
excavation. Mineral extraction includes, but is not limited to, the
excavation necessary to the extraction of sand, gravel, topsoil, limestone,
sandstone, 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.
The development of a tract of land or building with a variety
of complementary and integrated uses as permitted by the applicable
zoning district
[Added 8-9-2012 by Ord. No. 2168, approved 8-9-2012]
A vehicle-mounted food service establishment designed to
be readily moved.
[Added 6-12-2014 by Ord.
No. 2200, approved 6-12-2014]
The same meaning as "manufactured home."
Either a street vending unit or a sidewalk vending unit.
[Added 6-12-2014 by Ord.
No. 2200, approved 6-12-2014]
A type of dwelling that meets a definition of single-family
detached dwelling, single-family semidetached dwelling, townhouse
or garden apartment that is in substantial part but not wholly produced
in sections off the site and then is assembled and completed on the
site. This shall not include any dwelling that meets the definition
of mobile/manufactured home, nor shall it include any dwelling that
does not rest on a permanent foundation, nor any dwelling intended
to be able to be moved to a different site once assembled, nor any
dwelling that would not fully comply with any and all applicable building
codes. A modular home also shall not include a home that includes
only one substantial piece prior to delivery on the site.
A building or a group of buildings, having units containing
sleeping accommodations which are available for a temporary, rental
occupancy by transients routinely for periods shorter than 14 consecutive
days.
Pennsylvania Act 247 of 1968, as amended.[12]
A use owned by the Borough of Carlisle for a governmental
purpose. This shall also include an emergency service station, if
such station's location is approved by Borough Council.
A store which offers the retail sale of household goods,
supplies and prepackaged or canned foods to the general public residing
in the surrounding neighborhood, provided that the total area devoted
to such use shall not exceed 2,500 square feet. The sale of gasoline
or other petroleum fuel products is prohibited.
A building, structure or part of a structure manifestly not
designed to comply with the applicable use or extent of use provisions
in this chapter or amendment hereafter enacted, or which does not
conform to one or more of the applicable area or bulk regulations
of the zoning district in which it is located, on the effective date
of this chapter or as a result of a subsequent amendment thereto,
where such building or structure was lawful prior to enactment of
the chapter or amendment.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A use, whether of land or of building or structure, which
does not comply with the applicable use provisions in this chapter
or amendment hereafter enacted, where such use was lawfully in existence
prior to the enactment of the chapter or amendment, or prior to the
application of the chapter or amendment to its location by reason
of annexation.
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of four or more persons.
A use that involves administrative, clerical, financial,
governmental or professional operations or operations of a similar
character. This use shall not include retail or industrial uses, but
may include business, governmental, professional, medical or dental
offices and medical or dental clinics or medical or dental laboratories,
photographic studios and/or television or radio broadcasting studios.
Any type of commercial communication antenna that is used
for the 360° transmission, retransmission or reception of electronic
signals or information for commercial use.
A parcel or parcels of land, within a tract which is not
occupied by streets, buildings or off-street parking and that is designed,
intended and suitable for active or passive recreation by residents
of a development or the general public.
The following areas shall not be used to meet
minimum common open space requirements:
Existing or established future 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);
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 20 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 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; and
Land that includes commercial recreation uses,
except as may specifically be permitted to be counted towards a common
open space requirement by a specific provision of this chapter.
Required common open space shall be permanently
preserved through a conservation easement in a form acceptable to
and enforceable by the Borough. Such easement shall prohibit further
subdivision of the common open space and shall prohibit any use or
development of the common open space except as specifically authorized
by the approved subdivision plan.
The Carlisle Zoning Ordinance, including the Official Zoning
Map and any amendments enacted by Borough Council.
A structure, other than accessory off-street parking areas
as required by the provisions of this chapter, where, for a charge
or permit, motor vehicles may be stored for the purpose of temporary,
daily or overnight off-street parking.
[Added 8-9-2012 by Ord. No. 2168, approved 8-9-2012]
Any space, whether or not required by the provisions of this
chapter, specifically allotted to the parking of motor vehicles. For
the purpose of this chapter, such space shall not be located in a
dedicated right-of-way, a travel lane, a service drive, or any easement
for public ingress or egress.
[Added 8-9-2012 by Ord. No. 2168, approved 8-9-2012]
An open or covered area with a dust-free all-weather surface
(including gravel), or space in a private garage or other structure,
which shall be at least nine by 18 feet in size or smaller, if allowed
under this chapter, for the storage of one motor vehicle.
That portion of a lot which is covered with a hard surface
material, including asphalt or concrete, but not including, required
public concrete sidewalks, curbs or cartways and shoulders of public
streets.
An area of land measured a specified distance from and parallel
to a street line or lot line, within which no paved area shall be
placed other than entrance drives or driveways, except as expressly
permitted.
Any building or room or portion thereof which is open to
the public and which is owned or operated by a person who lends money
at a rate of interest on articles of personal property left and collateralized
as security and who makes the articles available for purchase by the
public.
[Added 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Uses authorized under this chapter, including permitted by
right, special exception and any conditional uses.
PERMITTED BY RIGHT USESPermitted uses not requiring special exception approval by the Zoning Hearing Board.
SPECIAL EXCEPTION USESUses permitted only after approval by the Zoning Hearing Board.
A residential use providing residential and support services
primarily to persons age 55 years or older and/or the disabled and
that is licensed as a personal care center by the Commonwealth of
Pennsylvania.
An establishment that provides a service oriented to personal
needs of the general public which do not involve primarily retail
sales of goods or does not involve professional advisory services.
Personal services include barber and beauty shops, electronic repair
shops, shoe repair shops, household appliance repair shops and other
similar establishments, but shall not include a massage parlor or
a tattoo parlor or establishment.
[Amended 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
A building used for public worship by a congregation, excluding buildings used exclusively for residential, educational, burial, recreational or other uses not normally associated with worship, except as permitted by § 255-199A(32).
An area of land owned or controlled by a single entity at
the time of submittal for conditional use approval of a planned industrial
development, and which involves coordinated traffic access among proposed
lots and structures, and which meets the applicable requirements of
the I-2 Light Industrial District.
The raising of trees (for transplanting), ornamentals, shrubs,
flowers or houseplants for commercial sale. Retail sales shall only
be allowed on the premises only of plants and trees raised on the
premises, unless retail sales are permitted in the district. This
use may include greenhouses, but shall not include commercial forestry.
This use may include outside storage and display.
Foodstuffs and/or drinks which have been cooked, changed,
cleaned or otherwise altered for public consumption.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
A function involved in the manufacture of materials, goods
or products in which they are not physically changed, except for packaging
or sizing.
Any article whose appearance or composition has been changed
or altered, but not in a completed form for ultimate disposition.
A function involved in the manufacture of materials, goods
or products in which they are physically changed.
The practice for gain or livelihood in an activity of field
of endeavor requiring special knowledge and often long and intensive
academic preparation. Such practices shall include, but not be limited
to, a medical or osteopathic doctor, attorney, dentist, public accountant,
architect, chiropractor, or professional engineer or surveyor.
A use that only involves the practice of a profession.
Notice required by the Municipalities Planning Code.[13]
A vehicle, regardless of size, which is designated as a temporary
dwelling or for recreation and not primarily for transportation. A
recreational vehicle may be designed to be self-propelled, towed or
carried by another vehicle. A recreational vehicle includes travel
trailers, motor homes, all-terrain vehicles, snowmobiles and watercraft
with hulls longer than eight feet.
Leisure-time activities, including but not limited to sports
and entertainment that are open to anyone without restrictions, except
for rules and standards of conduct and use, and that are not primarily
operated for commercial purposes and not for the purpose of serving
one or more individual households.
A use for collection of common household materials for recycling
but that does not involve processing or recycling other than sorting
and weighing of materials.
A function involved in the correcting of deficiencies affecting
the performance ability of products or goods.
The R-1, R-2, R-3, R-4 and R-5 Districts, and areas approved
for a PRD.
The lot line of a lot that:
An establishment that serves ready-to-consume
food or drink for compensation and that does not meet the definition
of a standard restaurant. A fast-food 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
must be met.
If a primary or substantial portion of the total
trade of a restaurant is from admission charges for entertainment
and the use has a capacity of more than 300 persons for such entertainment,
the requirements for an auditorium shall also be met.
An establishment that serves ready-to-consume
food or drink for compensation in which the majority of the customers
order their food while seated inside a building from a waiter or waitress
and then the food is delivered to their table or that the majority
of the food is purchased in a cafeteria style and consumed within
the building.
A standard 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
must be met.
If a primary or substantial portion of the total
trade is in admission charges for entertainment and the use has a
capacity of more than 300 persons for such entertainment, the requirements
for an auditorium shall be met.
A use in which any portion of its inventory is sold to the
general public, but not including the following: retail sales of motor
vehicles or boats, adult movie theater, adult bookstore, manufacturing,
auto repair garage, auto service station, commercial convenience store,
neighborhood convenience store, car wash, tavern, restaurant, pawn
shop or tattoo parlor or establishment.
[Amended 2-12-2004 by Ord. No. 2007, approved 2-16-2004; 8-9-2012 by , approved 8-9-2012]
A residential development limited exclusively to persons
aged 55 years and older and their spouses.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing right-of-way line.
The line separating a lot from the legal street right-of-way
owned by the Borough or the commonwealth. This existing right-of-way
shall be the right-of-way line that is proposed to legally exist after
a subdivision, land development or development of a use.
Land reserved for future or present use as a street but that
may also be used for other public purpose. The terms "ultimate right-of-way,"
"right-of-way reserved for future dedication" and "future right-of-way"
shall have the same meaning. See the Borough Subdivision and Land
Development Ordinance.[14]
A procedure by which services and/or real personal property
are transferred in ownership in exchange for something of value.
A type of solid waste disposal area involving the depositing
of common household, institutional and business solid waste on land,
compacting the waste, covering the waste with soil and then compacting
the soil, and which has a permit to operate as a sanitary landfill
from the state.
A ground-based reflector, usually parabolic, together with
any pedestal and any other attachments and related structures or parts,
intended for use to receive electronic signals from a satellite. See
also "household antenna."
An educational institution primarily for educating four or
more persons between the ages of four and 20 that primarily provides
state-required or state-funded educational programs.
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.
An act by which skills of one person are utilized for the
benefit of another, provided that no function involves manufacture,
cleaning, repair, storage or distribution of products or goods, except
for the cleaning and repairing of clothing and personal accessories.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal law.
PUBLIC SEWER SERVICEService at the time of occupancy of a use by a central, publicly owned and operated sewage treatment plant and lines.
ON-LOT SEWER SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of public sewer service. In most cases, this will involve a private on-lot septic system.
A group of stores planned and designed to function as a unified
commercial center which provides goods and services, with on-site
parking facilities grouped to service a number of stores, and having
completely coordinated circulation.
A mobile food vendor business in which food that is prepared
elsewhere and ready for consumption at the point of sale is sold from
or out of a nonmotorized mobile piece of equipment or nonmotorized
vehicle that is removed each day from the location where the food
is sold.
[Added 6-12-2014 by Ord.
No. 2200, approved 6-12-2014]
Any letter, word, model, banner, flag, device or representation used as, or which is in the nature of, an announcement, direction or advertisement concerning the activity or use conducted on a premises. In compliance with § 255-216 for definitions of the types of signs.
A sign which announces services or goods produced or available
somewhere other than on the lot on which the sign is located. The
term "advertising sign" includes the word "billboard."
An exterior sign that employs actual motion or the illusion
of motion, whether activated by electrical, electronic, mechanical,
manual, wireless, cabled, environmental or other means. Examples include
rotating and nonflashing signs. Flashing will not be deemed to occur
if the interval between on and off cycles of the display phase equals
or exceeds 30 seconds.
[Added 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
In compliance with § 255-216.
An exterior sign that changes in appearance due to physical
positioning of sign elements, digital changes or change in light intensity.
[Added 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
An exterior sign that contains text that changes location
on the sign in a progressive pattern where the text display does not
change in intervals less than 30 seconds.
[Added 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
Review of a site plan by the Planning Commission and/or the Borough Council. In compliance with § 255-253.
A use involving the killing of animals for a commercial product.
A commercial stockyard or similar facility that primarily involves
the bulk storage or transferring of animals on the way to slaughter
shall also be considered a slaughterhouse. This shall not include
a custom butcher shop, which is a retail sales use.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household or commercial activities,
but not including substances that are legally accepted and disposed
of into the air or water through a federal pollution discharge permit,
nor paper, cardboard, aluminum, scrap metal or glass that is clearly
intended to be recycled.
For the purposes of this chapter, the following
wholly natural and biodegradable materials shall not be considered
to be solid waste unless the materials are disposed of in such a way
that a hazard is created to the public health and safety: portions
of trees or shrubs, leaves, mulch, grass clippings, rocks, brick,
cinder block and concrete. These materials shall be defined as "clean
fill." Brick, cinder block and concrete may, however, meet the definition
of "junk" if not properly disposed of or stored.
For the purposes of this chapter, customary
residual wastes from an approved mineral extraction use shall not
be considered to be solid waste.
Land or structures where solid waste is processed, incinerated
or disposed of.
This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer station, solid waste sorting and/or recycling
center or solid-waste-to-energy incinerator.
The following uses, for the purposes of this
chapter, shall not be considered to be a solid waste disposal facility:
junkyard, recycling collection center, leaf composting, clean fill
or septage or sludge application.
A function involving the deposition of materials, goods or
products for safekeeping.
That portion of a building between the surface of any floor
and the ceiling above it that has a vertical height of six feet or
greater. See definition of "basement."
A right-of-way or portion thereof intended for the general
public and used to provide a means of approach for vehicles and pedestrians.
In order to be considered a street for purposes of determining area
and bulk requirements, a minimum right-of-way width of 20 feet is
required. The word "street" includes the words "road," "highway,"
"avenue," "thoroughfare" and "way," but not "alley" or "driveway."
Certain standards in this chapter vary with the type of street
abutting the properties. All existing streets within the Borough have
been classified in accordance with the following definitions:
EXPRESSWAYA limited access street on which access is provided only at interchanges.
ARTERIALA street whose function is to provide for the movement of high volumes of through traffic and direct access to abutting properties, subject to necessary control of entrances, exits and curb use.
COLLECTORA street which provides for the movement of moderate volumes of traffic between arterials and local streets and direct access to abutting property.
LOCALA street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.
An established line marking the extent of the future street
right-of-way, regardless of whether or not such right-of-way is dedicated.
If a future street right-of-way is not established, the street line
shall be the existing street right-of-way.
A mobile food vendor business in which food that is prepared
and made ready for consumption at the point of sale is sold from or
out of a motor vehicle that does not exceed eight feet in width or
25 feet in length and that is removed each day from the location where
the food is sold.
[Added 6-12-2014 by Ord.
No. 2200, approved 6-12-2014]
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any pool which is constructed, used or maintained to provide
recreational facilities for swimming, bathing or wading and which
is capable of containing water to a depth greater than 18 inches and
all buildings, equipment and appurtenances thereto.
SWIMMING POOL, PUBLICA swimming pool that is open to the general public and that is not principally operated for commercial purposes.
SWIMMING POOL, SEMIPRIVATEA swimming pool that is not open to the general public and/or is operated principally for commercial purposes. This includes a pool that is limited to members of a club or residents of a development.
SWIMMING POOL, PRIVATEA swimming pool that primarily serves one household and its occasional guests.
The process of marking or coloring the skin of any person
by puncturing the skin or otherwise inserting coloring matter under
or in the skin so as to form indelible marks, figures or designs.
[Added 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
Any building or room or portion thereof where the work of
tattooing (or any part of such work) is practiced, the business of
tattooing (or any part of such business) is conducted, the work of
both tattooing and body piercing is practiced, or the business of
both tattooing and body piercing is conducted.
[Added 2-12-2004 by Ord. No. 2007, approved 2-16-2004]
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade. The sale of food may also
occur. See also the definition of "restaurants."
A function involved in the examination of the qualities,
performances or capabilities of a product, goods or materials.
A building or part of a building devoted to the showing of
moving pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
theater.
The storage of more than 300 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling, single-family attached."
For the purposes of this chapter, the minimum
tract size is the total acreage proposed for development that is required
for certain types of uses. This minimum tract size may currently include
or be subdivided into individual lots, within the requirements of
the district.
The minimum tract size shall only include lands
proposed to be developed in a planned and coordinated manner, with
a well-defined internal circulation system and limited points of access
to arterial streets. To be considered a tract, land must be owned
or controlled through an agreement of sale at the time of a zoning
application and at the time of preliminary subdivision approval by
one corporation, entity or person.
The Zoning Hearing Board may allow other forms
of ownership to qualify as a tract if there is clear, legally binding
and substantial evidence of a commitment to fully coordinate the development
of parcels of land.
Also, to be considered a tract, each lot must
be at least partially adjacent to another portion of the tract. Parts
of a tract may be separated by alleys, streets or a waterway.
Municipal boundaries. Only areas within the
Borough shall be considered to be within a tract for the purpose of
meeting the minimum tract area.
Measurement. The land area within a tract shall
be calculated by totaling the lot area, as defined in this article,
of each lot within the tract, and also any land proposed to be dedicated
as common open space.
A facility that is clearly primarily intended for education
of a work-related skill or craft or hobby and that does not primarily
provide state-required education to persons of ages four to 19. This
shall include a dancing school, martial arts school or ceramics school.
A use (other than a prison or a permitted accessory use in
a "hospital") providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of:
Criminal rehabilitation, such as a criminal
halfway house or a treatment/housing center for persons convicted
of driving under the influence of alcohol.
Addiction to alcohol and/or a controlled substance.
A type of mental illness or other behavior that
could cause a person to be a threat to the physical safety of others.
A use involving a large variety of materials, including materials
owned by numerous corporations, being transported to a site to be
unloaded and reloaded onto vehicles that are primarily tractor-trailers.
A truck terminal shall not include a use that primarily involves distribution
of individually addressed packages weighing an average of less than
70 pounds each when delivered in vehicles smaller than tractor-trailers.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
and any activity, occupation, business or operation carried on in
a building or other structure or on a tract of land.
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variance from the
strict application of a requirement of the Zoning Ordinance. Variances
shall be granted only as permitted under the Municipalities Planning
Code, Act 247, as amended.[15]
An automatic machine that dispenses merchandise.
[Added 5-14-2015 by Ord.
No. 2221, approved 5-14-2015]
Any commercial use open to the general public that includes
six or more electrical or electronic amusement machines that are operated
by coins or tokens with monetary value. The use of five or fewer such
machines is a permitted by right accessory use to any commercial use.
A man-made barrier consisting primarily of brick, concrete
or cinderblock placed or arranged as a line of demarcation to separate
or to enclose different areas or uses, but not including such barriers
four feet or less in height whose primary purpose is to serve as the
base or foundation for a fence. The term wall does not include engineering
retaining walls, which are permitted uses as needed in all districts
nor does it include barriers of landscaped materials including hedges.
(See definition of "fence.")
See “storage.”
A system designed to transmit water from a source to users
in compliance with the requirements of the appropriate state agencies
and the Borough.
PUBLIC WATER SERVICEService by a central water system that is owned and operated by Carlisle Borough or a water company with a service area defined by the State Public Utility Commission and which transmits water from a common source to more than 20 dwellings or principal uses.
ON-LOT OR NONPUBLIC WATER SERVICEWater service that does not meet the definition of a public water service. In most cases, this would involve an individual well serving an individual lot.
Any area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
(Note: As of 1988, the following was the official federal definition
of wetlands: “Those areas that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support a prevalence
of vegetation typically adapted for life in saturated soft conditions.
Wetlands generally include swamps, marshes, bogs and similar areas.
'Wetlands' are technically defined on the basis of types of vegetation
and soils and the level of the water table below the surface. As of
1988, the regulations are enforced by the United States Army Corps
of Engineers, the United States Fish and Wildlife Service and the
Pennsylvania Department of Environmental Protection.”)
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
An open area between a building setback and the adjoining
lot lines or right-of-way which may not be occupied or obstructed
by any portion of any structure, except as is specifically permitted
by this chapter. See exceptions in the definition of "building setback."
FRONT YARDA prescribed yard located between the front lot line or street right-of-way and any building, excluding steps.
REAR YARDA prescribed yard located between any building, excluding steps, and the rear lot line, commonly found opposite the side of the lot which fronts on a street.
SIDE YARDA prescribed yard located between any building, excluding steps, and the side lot line, commonly found tangent to the front lot line(s). Any yard not clearly a front yard or rear yard due to irregularities of the lot shall be regulated as a side yard.
An area defined on the Official Zoning Map subject to specific
regulations as prescribed by this chapter.
The relevant portion of a construction permit, if required,
or the decision of the Zoning Hearing Board for a special exception,
as applicable, unless a zoning permit system is specifically in place.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[2]
Editor's Note: The former definitions of "commercial communication
antenna" and "commercial communication tower," which immediately followed
this definition, were repealed 4-9-2015 by Ord. No. 2220, approved
4-9-2015.
[3]
Editor's Note: The Comprehensive Plan is on
file in the office of the Borough Secretary.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[6]
Editor's Note: Drawings representing the various
dwelling types are on file in the Borough offices.
[7]
Editor's Note: A drawing of a garden apartment
is on file in the Borough offices.
[8]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: "Chapter 19, Research Program" refers to Chapter
19 of the Medical Marijuana Act. See 35 P.S. § 10231.1901
et seq.
[10]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[11]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[12]
Editor's Note: See 53 P.S. § 10101
et seq.
[13]
Editor's Note: See 53 P.S. § 10101
et seq.
[15]
Editor's Note: See 53 P.S. § 10101
et seq.
The interpretation of the regulations of this
chapter shall be such that whenever these requirements are at variance
with any other lawfully adopted rules, regulations, ordinances or
deed restrictions or covenants, the most restrictive requirements
shall govern.
A.
Distances. Measurements from rights-of-way or watercourses
shall be taken from the edge of the right-of-way or high-water mark
rather than center, except that measurements on the Zoning Map are
measured from the center of street rights-of-way or railroad rights-of-way.
B.
Specific area and bulk measurements.[1] The following regulations shall prescribe the manner in
which distances are measured:
(1)
Highway access points. The measurement of a minimum
which shall be extended from the termination of one curb cut to the
establishment of an adjacent curb cut.
(2)
Lot depth. The measurement shall be at the narrowest
point between the front and rear lot lines, unless otherwise provided
for herein.
(3)
Lot width. The measurement at the minimum building
setback line, unless otherwise stated.
(4)
Setback line. The measurement to this shall extend
perpendicular to the street line.
(5)
Street line. The measurement to this shall extend
perpendicular to and equidistant from the cartway center line, unless
otherwise dedicated.
[1]
Editor's Note: A diagram of area and bulk
regulations is on file in the Borough offices.
C.
In an interpretation of the language of this chapter
to determine the extent of the restriction upon the use of a property,
the language shall be interpreted, where doubt exists as to the intended
meaning of the language written and enacted by the Borough Council,
in favor of the property owner and against any implied extension of
the restriction. However, where rights are granted with respect to
a nonconforming use or other preexisting nonconformity, such rights
should be strictly construed against the landowner.
