Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meaning indicated:
A.
Words in the singular include the plural and those
in the plural include the singular.
B.
Words used in the present tense include the future
tense.
C.
The words "person" and "owner" include a corporation,
unincorporated association and a partnership, or other legal entity,
as well as an individual.
D.
The term "occupied" or "used" as applied to any building
shall be construed as though followed by the words "or intended, arranged,
or designed to be occupied or used."
E.
The word "building" includes "structure" and shall
be construed as if followed by the phrase "or part thereof."
F.
The word "lot" includes the word "plot."
G.
The word "watercourse" includes channel, creek, ditch,
dry run, spring, stream and river.
H.
The words "should" and "may" are permissive; the words
"shall" and "will" are mandatory and directive.
I.
The word "erect" shall mean to build, construct, alter,
repair, display, relocate, attach, hang, place, suspend, affix or
maintain any structure or building and shall also include the painting
of exterior wall signs.
[Amended 1-3-1995 by Ord. No. 1995-2]
Other terms or words used herein shall be interpreted
or defined as follows:
A building or use clearly incidental or subordinate to, and
customary in connection with, and located on the same lot with the
principal building or use.
Any commercial establishment having as a substantial or significant
portion of its stock-in-trade, including but not limited to, books,
magazines, periodicals, visual representations or writings, distinguished
or characterized by emphasis on matter depicting, describing or related
to specified anatomical areas or to specified sexual activities, or
an establishment with a segment or section devoted to the sale or
display of such materials.
Any commercial establishment substantially engaged in the
presentation of sexual conduct or specified sexual activities as defined
in this chapter, or any establishment which has a segment or section
devoted to these presentations.
An establishment offering care or supervision of special
needs adults in lieu of care or supervision by family members, elderly
persons (generally 62 years of age and older), mentally disabled,
and/or physically handicapped persons who need such daily assistance
because of their physical or cognitive disability or disease. This
use shall not include persons who need oversight because of criminal
and/or violent behavior. The use shall involve typical stays of less
than a total of 60 hours per week per person.
[Added 12-5-2016 by Ord. No. 2016-05]
Any commercial establishment substantially engaged in showing
obscene films or films commonly denoted as "adult films," or an establishment
with a segment or section devoted to the showing of obscene or "adult
films."
The outdoor display of any writing, printing, picture, painting,
emblem, drawing, sign or similar device intended to invite or draw
the attention to the public to any goods, merchandise, property, business,
service, entertainment, amusement or industrial activity or establishment.
Any rigid or semirigid material with or without advertisement
displayed thereon situated upon or attached to or which is part of
real property for the purpose of furnishing a background, base surface
or support upon which an advertisement may be posted or displayed
outdoors.
See "street."
The raising and keeping of livestock and poultry, with the
intent of producing capital gain, or profit or with the intent of
selling any livestock or poultry products. The keeping of livestock
or poultry as farm pets, or for domestic purpose pursuant to the regulations
of this chapter, shall not be construed as animal husbandry.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
An establishment primarily engaged in the display and retail
sales of original and limited edition art works.
[Added 12-5-2016 by Ord. No. 2016-05]
A functionally unique facility with a specific focus and
purpose to encourage life-long learning and provide services in the
community for all age groups and to provide facilities such as studio
space, gallery space, venues for learning and performance, offices,
workshop areas, educational facilities, tools and technical equipment.
An arts and learning center shall be a nonprofit organization geared
toward exposing, generating and making accessible life-long learning
opportunities to individuals with the building containing a minimum
of 10,000 square feet in gross floor area and provides space to nonprofit
community service companies involved in art making, education and
life-long learning. The use may include offices for other community
nonprofit organizations, government agencies and community groups.
This use shall not include residential uses or any type of "treatment
center." Services may include full education and art courses, programs,
exhibits and demonstrations, workshops from/for professional community
organizations, educational/arts activities and tutoring.
[Added 12-5-2016 by Ord. No. 2016-05]
An assisted living residence as defined in Pennsylvania Code
Title 55, Chapter 2800.4, as amended from time to time.
[Added 12-5-2016 by Ord. No. 2016-05]
An establishment that contains automated devices performing
banking or financial functions which are operated by the consumer
or patron primarily for those who remain in their vehicle, but may
also be operated by those customers walking up to the device. This
use does not include "bank."
[Added 12-5-2016 by Ord. No. 2016-05]
A financial institution that accepts deposits and provides
credit to the public. Routine interactions/activities with customers
and/or patrons including savings/deposits, investments, loans, money
exchange, etc. A bank may also provide financial counseling, planning,
and services related to money management, and includes those establishments
considered savings and loans and credit unions.
[Added 12-5-2016 by Ord. No. 2016-05]
See "tavern/bar" definition.
[Added 12-5-2016 by Ord. No. 2016-05]
A story in a building, the structural ceiling level of which
is four feet or more above average level of finished grade where such
grade abuts that exterior wall of such building which fronts on any
street, and the floor level of which is below finished grade at any
point on the periphery of the building.
An owner-occupied or manager-occupied establishment within
a single-family detached dwelling, providing temporary, overnight
lodging accommodations in sleeping rooms/units for transient guests
and related meal service for compensation. Bed-and-breakfast may also
host accommodations for private events (i.e., weddings and small gatherings).
Temporary, overnight lodging occurs within individual sleeping rooms/units
which do not contain cooking facilities.
[Added 12-1-2008 by Ord. No. 2008-08; amended 12-5-2016 by Ord. No. 2016-05]
An area bounded by three or more streets.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
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, motel, bed-and-breakfast use, group
home or nursing home. A boardinghouse may either involve or not involve
the providing of meals only to residents.
[Amended 12-1-2008 by Ord. No. 2008-08]
The Borough of Greencastle, Franklin County, Commonwealth
of Pennsylvania.
A strip of land at least 10 feet in width which may be part
of the minimum setback distance, free of any principal or accessory
building or required improvement other than screening.
Any combination of materials forming any construction, except
where entirely underground, so as to permit the use of the ground
above same as if no building was present; the term "building" shall
include the term "structure" as well as the following:
[Amended 12-1-2008 by Ord. No. 2008-08]
The horizontal area measured around the outside of the foundation
walls plus the floors of roofed porches and roofed terraces, and including
the area of accessory buildings if any. In the case of split-level
dwellings, the first-floor area shall be deemed to include floor areas
on two nonoverlapping levels, separated by a half-story, or less,
of height.
The outer surface of a building, which is visible from any
private or public street or highway.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof for flat and mansard roofs, and to the mean height
between eave and ridge for other types of roofs.
A building in which is conducted the main or principal use
of the lot on which said building is located.
The required horizontal distance between a required setback
line and an abutting lot line or street right-of-way line, as applicable.
[Amended 12-5-2016 by Ord. No. 2016-05]
SETBACK, FRONTThe distance between the street right-of-way line and the required front setback line. Corner lots shall have two front setbacks. Lots encompassing a whole block (public streets on three sides of the lot, with or without an alley in the rear) shall have three front yards.
See Setback Figure 1 below for typical setbacks and yards, interior
lots and Setback Figure 2 below for typical setbacks and yards, corner
lots. See Setback Figure 3 below for typical setbacks and yards, whole
block lots.
SETBACK, REARThe distance between the rear lot line and the required rear setback line. Corner lots shall have one rear setback. Lots encompassing a whole block (public streets on three sides of the lot, with or without an alley in the rear) shall have one rear setback adjacent to the alley or the lot line not adjacent to a street.
See Setback Figure 1 below for typical setbacks and yards, interior
lots and Setback Figure 2 below for typical setbacks and yards, corner
lots. See Setback Figure 3 below for typical setbacks and yards, whole
block lots.
SETBACK, SIDEThe distance between the side lot line and the required side setback line. Corner lots shall have one side setback. Lots encompassing a whole block (public streets on three sides of the lot, with or without an alley in the rear) shall have no side yards.
See Setback Figure 1 below for typical setbacks and yards, interior
lots and Setback Figure 2 below for typical setbacks and yards, corner
lots. See Setback Figure 3 below for typical setbacks and yards, whole
block lots.
Setback Figure 1.
 |
Setback Figure 2.
 |
Setback Figure 3.
 |
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. The term "business"
shall include the occupancy or use of a building or premises or any
portion thereof for the transaction of business or the rendering or
receiving of professional or personal service.
The paved portion of a street right-of-way intended for vehicular
use.
Any space in a building the structural ceiling level of which
is less than four feet above the average finished grade where such
grade abuts that exterior wall of such building which fronts on any
street. A cellar shall not be considered in determining the permissible
number of stories.
A use involving the supervised care of children outside their
home, which use may include preschool or educational activities that
supplement state required education, however, an authorized home day-care
use shall not constitute a child day-care center.
[Added 12-5-2016 by Ord. No. 2016-05]
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center line.
An organization catering exclusively to members and their
guests and not the general public. Private clubs shall include, but
not be limited to: educational, fraternal, service, political organizations,
labor unions, and social and athletic clubs. A private club does not
include activities that are not for the primary benefit and participation
of its members.
[Added 12-5-2016 by Ord. No. 2016-05]
A tract of land and/or buildings planned as a whole for development
of single-family dwelling units. Said development shall permit a reduction
of the lot size while at the same time maintaining the overall density
requirements applicable to the district in which said land is situated
and conforming to all other applicable requirements.
A business combining lodging, eating and recreational facilities
as a single enterprise and offered to the public.
The Borough Planning Commission.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
An establishment used for noncommercial recreational, social,
educational, and cultural activities, open to the public or a designated
part of the public, owned or operated by a public or nonprofit group
or agency.
[Added 12-5-2016 by Ord. No. 2016-05]
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or nonfood, ornamental crops (flowers)
for personal or group use. consumption or donation. Community gardens
may be divided into separate plots for cultivation by one or more
individuals or may be used collectively by members of the group and
may include common areas maintained and used by group members.
[Added 12-5-2016 by Ord. No. 2016-05]
A Comprehensive Plan prepared by the Borough Planning Commission pursuant to Article III of the Pennsylvania Municipalities Planning Code and adopted by the Council, which indicates the general locations recommended for the various functional classes of public works, places and structures and for the general physical development of the Borough, and includes any unit or part of such plan separately adopted and any amendment to such plan or part thereof.
An age-restricted development or establishment that provides
a continuum of accommodations and care, from independent living to
long-term skilled nursing care, and enters into contracts to provide
lifelong care in exchange for the payment of monthly fees and/or entrance
fee. This use does not include the "retirement community" or "assisted
living residence" use, although such uses may be a component of the
continuing care retirement facility use.
[Added 12-5-2016 by Ord. No. 2016-05]
An establishment primarily engaged in the retail sale of
frequently or recurring goods for household consumption, prepackaged
food and beverages, foods prepared on-site, magazines, lottery tickets,
tobacco products, and limited household supplies. The use also may
include the on-site consumption of food and beverages, as well as
the retail sale of fuel for passenger vehicles, oil, grease, auto
accessories, propane, kerosene and automatic car washing facilities.
This use does not include "retail business" use.
[Added 12-5-2016 by Ord. No. 2016-05]
See "multipurpose venue."
[Added 12-5-2016 by Ord. No. 2016-05]
An establishment primarily engaged in providing custom printing,
photocopying, faxing, mailing, courier service and/or other similar
business and office support services, along with accessory sales of
materials and items related to copying and mailing.
[Added 12-5-2016 by Ord. No. 2016-05]
The Greencastle Borough Council.
The County of Franklin, Commonwealth of Pennsylvania.
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
An establishment primarily engaged in the on-site production,
display and sale of goods created on-site by hand manufacturing generally
involving only the use of hand tools and/or other domestic mechanical
equipment. Typical uses include painting and other media-art, ceramics,
fabric crafts. candle-making, and jewelry manufacturing. All such
production and storage associated with this use shall occur within
a completely enclosed building.
[Added 12-5-2016 by Ord. No. 2016-05]
The raising and keeping of field, truck and tree crops. For
the purposes of this chapter the term "crop farming" does not include
animal husbandry.
A publicly or privately owned right-of-way for pedestrian
use extending from a street into a block or across a block to another
street or to a public recreation area.
The officially established grade of the curb in front of
the midpoint of the lot.
See definition of "child day-care center," "home child day
care," and "adult day care" as applicable.
[Added 12-5-2016 by Ord. No. 2016-05]
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of the county and judicial district wherein the Borough
lies.
The deliberate appropriation of land by its owner for any
general and public or limited public use, reserving to himself no
other rights than such as are compatible with the full exercise and
enjoyment of the public uses to which the property has been devoted.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the
extent the Planning Commission is charged with final decision on preliminary
or final plans under the subdivision and land development or planned
residential development ordinances. Determinations shall be appealable
only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A building or structure designed for living quarters for
one or more families, including homes which are supported either by
a foundation or by blocks or jacks or are otherwise permanently attached
to the land. A travel trailer, a boarding or rooming house, convalescent
home, fraternity or sorority house, hotel, motel, inn, nursing or
other similar home, or other similar structure shall not be deemed
to constitute a dwelling.
A building used by three or more families living independently
of each other and doing their own cooking including, for example,
apartment house, rowhouse or townhouse.
A dwelling used by one family and having two party walls
in common with another dwelling unit, except for end units which have
one party wall. (Example: townhouse.)
A dwelling used by one family, having only one dwelling unit
and having two side yards. (Example: house.)
A dwelling used by one family, having one side yard, and
one party wall in common with another dwelling unit. (Example: duplex.)
A dwelling used by two families, with one dwelling unit arranged
over the other and having two side yards. (Example: double house.)
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
The authorization by a property owner or authorized agency
of a right-of-way granted, but not dedicated, for limited use of private
land for a public or quasi-public purpose; and within which the owner
of the property shall not erect any permanent structures, but shall
have the right to make any other use of the land which is not inconsistent
with the rights of the grantee.
The application of a public agency or body's review stamp
and the signature of the chairman or official of said public agency
or body.
The erection, construction, alteration, maintenance, by public
utilities or municipal or other governmental agencies or private corporations
under contract to a municipality, of gas, electrical, telephone, steam
or water transmission or distribution systems, and sewer and solid
waste disposal systems, including buildings, enclosures, wells, pumping
stations, poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic light signals, hydrants,
sanitary landfills, incinerator waste disposal areas, and other similar
equipment and accessories and services in connection therewith, reasonably
necessary for the furnishing of adequate service by such public utilities
or municipal or other governmental agencies or private corporations
under contract to a municipality including firehouses or fire companies
and agencies or emergency services under agreement with the municipality
or for the public health or safety or general welfare.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage, or adoption, shall
not be considered to constitute 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, composite, plastic/PVC, wire mesh, chain-link aluminum and/or
plastic inserts, or any other material which is designed and marketed
as a material suitable for fence construction. 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.
[Added 12-1-2008 by Ord.
No. 2008-08; amended 8-3-2015 by Ord. No. 2015-04]
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement area used only for storage
and the operation and maintenance of the building.
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, cellars, heater rooms, and
basements having a window area of less than 10% of the square foot
area of the room. Livable floor area shall include all spaces not
otherwise excluded above such as: principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any rooms
within the dwelling unit and all attic space having a clear height
of six feet from finished floor level to pitch of roof rafter with
a clear height of seven feet six inches from finished floor level
to ceiling level over 50% of the area of such attic space.
The floor area in square feet of all buildings on a lot divided
by the area of such lot in square feet.[1]
A portion of a residential principal building, on a permanent
foundation, used only by the occupant or occupants of the principal
building for the parking or storage of household vehicles, merchandise
or equipment, and from which no business, service or commercial enterprise
is offered to the public.
[Added 9-6-2005 by Ord. No. 2005-8]
A detached building accessory to a residential principal
building, on a permanent foundation, used only by the occupant or
occupants of the principal building for the parking or storage of
household vehicles, merchandise or equipment, and from which no business,
service or commercial enterprise is offered to the public.
[Added 9-6-2005 by Ord. No. 2005-8]
Any portion of a principal building from which service, repair,
washing or reconditioning of motor vehicles is offered to the public.
[Added 9-6-2005 by Ord. No. 2005-8]
A dwelling inhabited by not more than six handicapped persons
(as handicapped is defined by the Federal Fair Housing Act as amended
from time to time). This definition does not include persons occupying
a hotel, motel, bed and breakfast, halfway house, boarding house,
treatment center or institution. This use involves persons functioning
as a common household unit. providing nonroutine support services
and oversight to persons who need such assistance to avoid being placed
in an institution because of physical, mental, or developmental disability,
or old age, or individuals who meet the definition of "handicap" as
defined by applicable federal law. This use does not involve the on-site
medical treatment or on-site care provided by a medical professional
including a registered nurse.
[Added 12-5-2016 by Ord. No. 2016-05]
A "living room" within a dwelling unit, except
that for the purpose of determining lot area requirements, a habitable
room shall not include any of the following:
As a guide, an efficiency apartment contains
one habitable room; a one-bedroom apartment, two habitable rooms;
a two-bedroom apartment, three habitable rooms; and a three-bedroom
apartment, four habitable rooms.
A noninstitutional living arrangement with treatment and
support services for persons with substance abuse problems or for
inmates and parolees approaching parole release date or release from
a corrections institution. The halfway house operates under the rules
and regulations of the Pennsylvania Department of Health, Department
of Corrections or similar authorities. The residents are provided
full-time supervision and counseling on employment, vocations, finances
and community living.
[Added 12-5-2016 by Ord. No. 2016-05]
Any premises which offers its subscribers or members the
opportunity to engage in a program of physical exercise or conditioning
on a regular or irregular basis.
An administrative proceeding conducted by the Zoning Hearing Board of the Borough of Greencastle pursuant to Article VIII.
See "street."
A use involving the care of no more than six children (excluding
children living in the home and related to the caregiver by blood,
marriage, or legal adoption), located only in a single-family detached
dwelling in which the caregiver resides.
[Added 12-5-2016 by Ord. No. 2016-05]
An occupation conducted in a dwelling unit or an accessory
structure, provided that:
Not more than two persons other than members
of the family residing on the premises shall be engaged in such occupation.
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 30% of the ground floor
area of the dwelling unit shall be used in the conduct of the home
occupation.
There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one professional or announcement sign pursuant to the provisions of § 205-27.
No traffic shall be generated by such home occupation
in greater volume than would normally be expected in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met off the street and other than in
a required front yard.
No equipment or process shall be used in such
home occupation which creates noise, vibration, glare, fumes, odors,
or electrical interference detectable to the normal senses off the
premises. In the case of electrical interference, no equipment or
process shall be used which creates visual or audible interference
in any radio or television receivers off the premises, or causes fluctuation
in line voltage off the premises.
An incorporated nonprofit organization operating under recorded
land agreements through which:
Each lot and/or home owner in a cluster development
or other described land area is automatically a member;
Each lot is automatically subject to a charge
for a proportionate share of the expenses for the organization's activities,
such as maintaining a common property; and
The charge, if unpaid, becomes a lien against
the property.
A dwelling unit manufactured in two or more sections designed
for permanent occupancy, and transported to a building site in sections
which are fastened together and mounted on a permanent foundation
ready for occupancy except for minor and incidental unpacking and
assembly operations. When fully assembled such unit shall have a minimum
body width of 20 feet and a minimum length of 45 feet exclusive of
such accessory structures as patio, carport, storage shed, etc.
A building or portion thereof used on a twenty-four-hour
basis for the medical, psychiatric, obstetrical, or surgical treatment
of inpatients who are incapable of self-preservation which facility
is licensed by the Commonwealth of Pennsylvania as a hospital facility.
The term "hospital" shall not include any facility which houses the
criminally insane or provides treatment for persons actively charged
with or serving a sentence after being convicted as a felony.
[Amended 12-5-2016 by Ord. No. 2016-05]
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access to a common interior corridor and which may
provide additional supporting services (i.e., restaurants, meeting
rooms, recreation facilities and living quarters for a resident manager
or proprietor). This use does not include "motel."
[Amended 12-5-2016 by Ord. No. 2016-05]
See "mobile home."
An organization designed to accelerate the growth and success
of entrepreneurial companies through an array of business support
resources and services that could include physical space, capital,
coaching, common services, and networking connections.
[Added 12-5-2016 by Ord. No. 2016-05]
Any discarded material or article including, but not limited
to, scrap metal, scrapped, abandoned or junked motor vehicles, machinery,
equipment, paper, glass, containers, and structures. It shall not
include, however, refuse or garbage kept in a proper container for
the purpose of prompt disposal.
Any place where any junk as defined above is stored, disposed
of, or accumulated.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development
which involves:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium;
The addition of an accessory building, including
farm building, on a lot or lots subordinate to an existing principal
building; or
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For the purposes of this subsection, an "amusement
park" is defined as a tract or area used principally as a location
for permanent amusement structures or rides. This exclusion shall
not apply to newly acquired acreage by an amusement park until initial
plans for the expanded area have been approved by the proper authorities.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other person having a proprietary interest in land.
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.
The area contained within the property lines of a lot (as
shown on the plat), excluding space within all streets and within
all permanent drainage easements, but including the areas of all other
easements.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
A lot abutting a curved street shall be deemed a corner lot if the
tangents to the curve at the points of intersection of the side lot
lines with the street lines intersect at an interior angle of less
than 135°.
The percentage of the lot area that is occupied by the building
area.
Any lot other than a corner lot.
Any boundary of a lot.
That boundary of a lot which is along an existing or proposed
street right-of-way. Corner lots and through lots shall have two front
lot lines.
The lot line generally opposite to the front lot line; if
the rear lot line is less than 10 feet in length, or if the lot comes
to a point in the rear, the rear lot line shall be deemed to be a
line parallel to the front lot line not less than 10 feet long lying
farthest from the front lot line.
Any boundary of a lot which is not a front or a rear lot
line.
A lot extending between and having frontage on two generally
parallel streets.
The average horizontal distance between the side lot lines,
measured along the building setback line and parallel to the front
lot line.
The largest area found by the projection of a horizontal
plan through the livable floor area which is enclosed by the exterior
walls of the building.
Any process whereby the nature, size, or shape of articles
or raw materials are changed, or where articles are assembled or packaged.
Any method of treating superficial soft parts of the human
body for remedial, hygienic or other purposes, consisting of rubbing,
stroking, kneading or any similar treatment accomplished by hand or
by the use of any instrument. (Note: this definition shall not include
the treatment of any person which is based upon the signed order of
a licensed physician, osteopath, chiropractor or registered physical
therapist.)
Any establishment, building or structure, or portion thereof,
located within the Borough which is open to members of the general
public, with or without the payment of a fee, at which any person,
firm, association or corporation engages in or carries on the practice
of massage.
Buildings for lodging, eating, and sanitary facilities, and
land owned, leased, or used principally by a private, fraternal, or
social organization for such activities as hunting, fishing, scouting,
etc.
A structure housing commercial enterprises exclusively on
the first floor and residential uses on the second and higher floors
as permitted within the applicable zoning district and planned, constructed
and managed as a total entity.
[Added 12-5-2016 by Ord. No. 2016-05]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
Any premises on which there is conducted the business of
furnishing figure models who pose in the nude for the purpose of being
observed or viewed by any person or of being sketched, painted, drawn,
sculptured, photographed or otherwise similarly depicted for persons
who pay a fee, or other consideration or compensation, or a gratuity
for the right or opportunity so to depict the figure model, or for
admission to, or for permission to remain upon, or as a condition
for remaining upon the premises.
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation in sleeping rooms/units that
each has separate access directly to the outside and which may provide
such additional supporting services as restaurants, recreation facilities.
and living quarters for the resident manager or proprietor. This use
does not include "hotel."
[Amended 12-5-2016 by Ord. No. 2016-05]
A building used for more than one commercial use or combination
commercial-residential use. This term does not include mixed commercial/residential
structures.
[Amended 12-5-2016 by Ord. No. 2016-05]
An area or structure involving indoor or outdoor seating
or space for live performances, sports events, cultural events, meetings,
or conventions (including but not limited to consumer trade shows,
association conferences and meetings).
[Added 12-5-2016 by Ord. No. 2016-05]
An area or structure involving indoor and/or outdoor seating
or space, an assembly hall, or food service facilities, for various
purposes, including but not limited to, meetings, conferences, conventions,
trade shows, entertainment, performances, sporting events, and other
similar events.
[Added 5-6-2019 by Ord. No. 2019-03]
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."[2]
Includes cities, boroughs, first class townships and second
class townships.
An establishment where objects of artistic, historical or
scientific importance or interest are kept, studied, and displayed.
[Added 12-5-2016 by Ord. No. 2016-05]
Any area along the one side of a rural highway where the
distance between two commercial structures, establishments or uses
is one measured mile or more, or any area of historic or scenic value
so designated by an appropriate indication upon the Official Zoning
Map which is a part of this chapter.
Refer to "No-Impact Home-Based Business," Section 107 of
the Pennsylvania Municipalities Planning Code, as amended from time
to time.
[Added 12-5-2016 by Ord. No. 2016-05]
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 reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
A facility that provides skilled or intermediate nursing
care, which is: professionally supervised nursing care and related
medical and other health services provided for a period exceeding
24 hours to an individual not in need of hospitalization, but whose
needs are above the level of room and board and can only be met in
a long-term-care nursing facility on an inpatient basis because of
age, illness, disease, injury, convalescence or physical or mental
infirmity. The term includes the provision of inpatient services that
are needed on a daily basis by the resident, ordered by and provided
under the direction of a physician, and which require the skills of
professional personnel, such as, registered nurses, licensed practical
nurses. physical therapists. occupational therapists, speech pathologists
or audiologists.
[Added 12-5-2016 by Ord. No. 2016-05]
Any film or motion picture which:
The average person applying contemporary community
standards would find, when considered as a whole, that the subject
matter appeals to the prurient interest;
The subject matter depicts, or describes in
a patently offensive way, sexual conduct, specified anatomical areas,
or specified sexual activities, of a type described in this chapter;
and
The subject matter, taken as a whole, lacks
serious literary, artistic, political, educational or scientific value.
The map established by the Borough Council under Article IV of the Pennsylvania Municipalities Planning Code showing the location and width of streets, highways, parkways, public parks, and playgrounds.
The particular action or process of manufacturing components
or raw materials at the same particular site/locale.
[Added 12-5-2016 by Ord. No. 2016-05]
An accessory use to a restaurant, tavern/bar, or other similar
establishment that includes an outdoor seating component.
[Added 12-5-2016 by Ord. No. 2016-05]
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money or other consideration.
A temporary storage (surface or structure) for a motor vehicle
that is directly accessible to an access aisle and that is not located
on a dedicated right-of-way, and is located upon the same lot as a
principal use or, in the case of joint parking, within close proximity.
[Added 12-5-2016 by Ord. No. 2016-05]
A temporary storage (surface) for a motor vehicle within
a dedicated right-of-way, excluding alleys.
[Added 12-5-2016 by Ord. No. 2016-05]
Joint use of a parking area on a single lot by more than
one use.
[Added 12-5-2016 by Ord. No. 2016-05]
A staff or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
[Amended 3-7-2016 by Ord.
No. 2016-02]
Not more than one recreational vehicle may be parked or stored
on any lot in any residential or in the community commercial district
at any time and such recreational vehicle may Only be parked or stored
in a permitted carport or enclosed building, in the rear yard (excluding
any applicable rear yard setback lines), in a side yard, provided
that the recreational vehicle does not extend into the front yard
further than the front of the primary structure and shall not be within
the applicable side yard setback, and from May 1 through September
30, said recreational vehicle may be parked anywhere on the lot Only
for a period not to exceed three consecutive days (72 hours) within
a calendar week.
No recreational vehicle shall be parked or stored on a public
street or highway for any period exceeding 24 hours.
No recreational vehicle shall be used for purposes of living,
sleeping, human habitation or housekeeping purposes at any time regardless
of where parked or stored; provided, however, that a recreational
vehicle owner by visitors of the residents of the dwelling situate
on the residential lot may park and use the recreational vehicle for
living and sleeping purposes as follows:
A use of land, which may include accessory buildings and
structures, for active and/or passive outdoor recreation for the purpose
of pleasure. leisure, fellowship, or exercise, commonly involving
a sporting activity, camping, hiking, jogging, bicycling, swimming,
picnicking, and other related activities which is open to the public.
A park may include amenities such as ballfields, tennis courts, trails.
playground equipment, restrooms, picnic tables, cooking grills, and
similar facilities. For purposes of this Chapter, parks shall not
include uses that are considered to be commercial recreational uses.
[Added 12-5-2016 by Ord. No. 2016-05]
Any person who:
[Added 8-3-2015 by Ord.
No. 2015-04]
Engages in the business of lending money on the deposit or pledge
of personal property, other than chosen in action, securities, or
written evidence of indebtedness; or
Purchases personal property with an expressed or implied agreement
or understanding to sell it back at a subsequent time at a stipulated
price; or
Lends money upon goods, wares, or merchandise pledged, stored,
or deposited as collateral security.
Spending one night or more per month in a lodging or dwelling
unit during more than four consecutive months.
A tract of land under single ownership or agreement, planned
and developed as a permanent, year-round development unit, utilizing
a reasonable degree of flexibility in the placement, bulk, and interrelationship
of buildings and uses, while at the same time maintaining adequate
overall intensity of land use, density of population, and amounts
of light, air access, and open space.
Any structure intended for swimming or recreational bathing
that contains water equal to or greater than 24 inches deep, including
in-ground, aboveground and on-ground swimming pools, hot tubs and
spas.
[Added 12-5-2022 by Ord. No. 2022-05]
An establishment in which one or more persons are employed
in the management, direction or conducting of business/commerce and
whose staff/employees serve clients who seek advice and consultation
regarding business/commerce. A business office may include the administrative,
corporate or professional offices for profit. nonprofit or charitable
organizations, but also includes contractors (office only, not including
stock yards or tool storage areas), real estate, stock and bond brokers,
accountants, adjusters, appraisers, utility companies, attorneys,
clergy, teachers, architects, engineers, landscape architects, planners,
interior designers, insurance agents, and similar office-oriented
uses.
[Amended 12-5-2016 by Ord. No. 2016-05]
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.[3]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A vehicular type portable structure without permanent foundation,
which can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use and
including, but not limited to, travel trailers, truck campers, camping
trailers, house trailers, boats, boat trailers and self-propelled
motor homes.
[Amended 3-7-2016 by Ord.
No. 2016-02]
An establishment operated as a gainful business, open to
the public, for the purpose of leisure time activities, public recreation
or entertainment, but not limited to, gymnasium, health and fitness
club, skating rink, tennis courts, assembly hall, arena, swimming
pool, bowling alley, etc., hen operated within a completely enclosed
building or structure or outdoors. This use includes "health club
or health spa."
[Added 12-5-2016 by Ord. No. 2016-05]
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, sanitary land fill, burial, burning, incineration
or any other means for whatever purpose of garbage, offal, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof,
or waste material of any kind.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A parcel of ground in separate ownership separating a street
from other adjacent properties, or from other streets.
A man-made structure constructed primarily of brick, block,
or stone that is designed and constructed to resist the lateral pressure
of soil where there is a desired change in ground elevation that exceeds
the horizontal plane to which soil can be piled without slumping.
The elevation of the top of the retaining wall shall not exceed the
elevation of the soil being retained by the retaining wall by more
than one foot. The following figure depicts examples of retaining
wall types:
[Added 8-3-2015 by Ord.
No. 2015-04]
 |
An establishment that provides food and drink to patrons
and that routinely involves the consumption of at least a portion
of on-premise food and/or drink. A restaurant may include the accessory
sale of alcoholic beverages, and carry-out and delivery services.
[Added 12-5-2016 by Ord. No. 2016-05]
An establishment which sells goods or merchandise to the
general public for personal and household consumption and provides
accessory repair services for goods or merchandise that is similar
to that which is sold on the premises and render services incidental
to the sale of such goods.
[Added 12-5-2016 by Ord. No. 2016-05]
A planned development designed to meet the needs of, and
exclusively for, the residence of senior citizens. This use does not
include uses such as "continuing care retirement facility," "nursing
home" or "assisted living residence."
[Added 12-5-2016 by Ord. No. 2016-05]
Wherever in this state the Borough Planning Commission or
other Borough official body possesses such jurisdiction, the action
of "review" shall also include "review and approval," or, if necessary,
"review and disapproval."
The total width of any land reserved or dedicated as a street,
alley, crosswalk or for other public or semipublic purposes.
Travelway. See "cartway."
Any school conducted for profit for such instruction as business,
art, drama, music, handicraft, dancing, or other similar type low-impact
uses conducted within a completely enclosed building.
[Added 12-5-2016 by Ord. No. 2016-05]
Any public, sectarian, or private nonprofit establishment
approved by the Commonwealth of Pennsylvania offering formal academic
instruction and services for state-required or largely state-funded
programs at the kindergarten, elementary, and secondary levels. This
term shall not include those uses considered commercial schools.
[Added 12-5-2016 by Ord. No. 2016-05]
Same as public or private school except that the primary
activity is training in a trade or vocation, which may be conducted
wholly or partially outside of an enclosed structure. This term shall
not include those uses considered commercial schools.
[Added 12-5-2016 by Ord. No. 2016-05]
A barrier between adjacent properties, uses, and/or zoning
districts composed of a mixture of landscaping, trees, berms. shrubs,
fences, walls and/or other similar type materials that is intended
to mitigate negative impacts such as noise, visual, airborne issues
of the more intense/dense uses and/or zoning district on the less
intense/dense use and/or zoning district. Screening shall be continuously
maintained as long as the use requiring the screening is located at
the property. Maintenance shall include, as applicable, repairing,
replacing, reconstructing, trimming, pruning, painting and other maintenance
activities as necessary. Said screening shall meet the specific requirements
of the Subdivision and Land Development Ordinance and any criteria
set forth in this chapter.
[Amended 12-5-2016 by Ord. No. 2016-05]
Unless otherwise indicated, Secretary of the Borough Planning
Commission.
Buildings and premises where gasoline, oil, grease, batteries,
tires, and automobile accessories may be supplied and dispensed at
retail. Uses permissible at a service station do not 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 filling stations. A service station
is not a repair garage nor a body shop.
A public or private utility system designed to collect, centrally
treat, and dispose of sewage from customers, in compliance with Pennsylvania
Department of Environmental Protection regulations or regulations
of the Borough, whichever may be more stringent.
Any structure designed to biochemically treat sanitary sewage
within the boundaries of an individual lot.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations or descriptions of masturbation, excretory
functions and lewd exhibition of the genitals.[4]
Any combination of business, nonresidential establishments,
and other related establishments that are permitted within the applicable
zoning district, in a single building or in separate buildings that
are planned, constructed, and managed as a total entity. All general
shopping centers shall be located in a complex that is planned, designed,
developed, owned or managed as a single unity with internal vehicle
circulation (public or private) off-street parking and loading provided
on the property. Provisions for goods delivery separated from customer
access, pedestrian access, aesthetic considerations and protection
from the elements and landscaping and signage in accordance with an
approved land development plan and complying with the Borough of Greencastle
Ordinances.
[Added 12-5-2016 by Ord. No. 2016-05]
This definition is specific to the Mixed Use and Community
Commercial District. All town shopping centers shall be located within
a single building or in a complex that is planned, designed, developed,
owned or managed as a single unit. Provisions shall be made for coordinated
goods delivery, pedestrian access. aesthetic considerations, landscaping
and signage. Refer to "mixed use/residential structures" definition.
[Added 12-5-2016 by Ord. No. 2016-05]
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
[Added 12-5-2016 by Ord. No. 2016-05]
Any material, structure or device, or part thereof, composed
of lettered or pictorial matter placed, when used or located out of
doors or outside or on the exterior of any building, including window
display area, for display of an advertisement, announcement, notice,
directional matter or name, and includes sign frames, billboards,
sign boards, signs on vehicles, trailers or other mobile devices,
painted wall signs, hanging signs, illuminated signs, pennants, fluttering
devices, strings of lights, projection signs or ground signs, and
shall also include an announcement, declaration, demonstration, display,
illustration or insignia used to advertise or promote the interest
of any person or business when the same is placed in view of the general
public. However, the following signs shall be excluded from the application
of this chapter:
[Amended 8-3-2015 by Ord.
No. 2015-05]
Signs not exceeding one square foot in area and bearing only
property numbers, post box numbers, names of occupants of premises,
or other identification of premises not having commercial connotations.
Flags and insignias of any government or governmental agency,
or of any political, educational, charitable, philanthropic, civic,
professional, religious or like campaign, drive, movement or event;
except when displayed in connection with commercial promotion.
Legal notices, identification, informational, or directional
signs erected or required by governmental bodies.
Integral decorative or architectural features of buildings,
including letters and trademarks except moving lights.
Signs directing and guiding traffic and parking on any property,
but bearing no advertising matter.
Signs which are solely devoted to prohibiting trespassing, hunting,
or fishing.
Signs on vehicles, trailers, or other mobile devices or storage
containers or cubes that are not being utilized primarily as signs.
The duration that a vehicle, trailer or other mobile device or storage
container or cube is stationary, its location on the property in relation
to public view, and other factors indicating that the primary use
is as a sign.
All faces of a sign measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such place or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such signs shall be deemed the area within
which all of the matter of which such sign consists may be inscribed.
Structural members and supports not bearing
advertising matter shall be excluded from the sign area.
A sign that is located on the face of an awning that identifies
the business, service or industrial enterprise or the services, products,
or activities provided by a business, service, or industrial enterprise
that is displayed upon the lot or premises occupied by such enterprise.
The face of the awning shall only include any portion of the awning
that is parallel with the face of the building to which it is attached
and shall not include any diagonal, dome, barrel, or concave portion
of the awning.
[Added 8-3-2015 by Ord.
No. 2015-05]
 |
Any sign, symbol, trademark, structure or similar device
used to identify the product made or the activity pursued by an individual,
business, service, commercial or industrial enterprise which is displayed
upon the lot or premises occupied by such an enterprise for the purpose
of apprising the public of the location of such enterprise and the
type of activity in which it is engaged.
[Amended 8-3-2015 by Ord.
No. 2015-05]
An advertising sign, structure or symbol erected and maintained
by an individual or corporation engaged in the sale or rental for
profit of space thereon to a clientele of manufacturing, service or
commercial enterprises, upon which space there is displayed by means
of painting, posting or other method, advertising copy describing
a wide variety of projects or services which are not necessarily made,
produced, assembled, stored or sold from the lot or premises upon
which the advertisement is displayed. This definition does not include
a scoreboard.
[Amended 4-7-2014 by Ord. No. 2014-04]
An advertising sign or device intended to direct or point
toward a place, or one that points out the way to either an unfamiliar
or a known place that obviously could not be easily located without
such a sign or device. Each such sign shall not exceed six square
feet in total area.
Any sign or portion thereof that displays electronic images,
graphics, or pictures with or without textual information, using LEDs,
fiber optics, light bulbs, or other illumination devices or combination
thereof within the display area, and where a static message change
sequence is accomplished immediately or by means of fade.
[Added 4-7-2014 by Ord. No. 2014-04]
Any sign illuminated by electricity, gas or other artificial
light, including reflective or phosphorescent light. An illuminated
sign shall include lighting devices such as any light, string of lights,
or group of lights located or arranged so as to cast illumination
on a sign. This definition does not include a scoreboard.
[Amended 4-7-2014 by Ord. No. 2014-04]
Any sign, structure or symbol erected and maintained by the
Borough of Greencastle or a nonprofit corporation engaged in economic
development upon which said sign, structure or symbol is utilized
to dispense information, pamphlets, leaflets, magazines, guides, publications,
forms and other printed material regarding the Borough of Greencastle
and the surrounding area. An information kiosk shall not be illuminated.
[Added 4-7-2014 by Ord. No. 2014-04]
Any sign, symbol or device erected and maintained by a state,
county, or municipal governmental agency for the purpose of informing
or guiding the public or for the protection and promotion of health,
safety, convenience or general welfare.
Any sign which projects from the exterior of any building.
For the purpose of determining number of signs, a sign shall
be considered to be a single display surface or display device containing
elements organized, related and composed to form a unit. Where matter
is displayed in a random manner without organized relation of elements,
or where there is reasonable doubt about the relationship of elements,
each element shall be considered to be a single sign.
A field test conducted to determine the suitability of the
soil for on-site sanitary sewage disposal facilities by measuring
the absorptive capacity of the soil at a given location and depth.
A temporary sign that is self-supporting and freestanding
with only two visible sides that is situated immediately adjacent
to a business or entity, typically on a sidewalk, which contains commercial
speech regarding said business or entity. A sandwich board may not
be illuminated.
[Added 4-7-2014 by Ord. No. 2014-04]
A scoreboard is a sign designed to provide information to
spectators at athletic events that may or may not contain a permanent
or temporary advertising message or public service announcements located
inside an enclosed athletic field located at a property owned by a
municipal entity or owned and operated by a nonprofit corporation.
[Added 4-7-2014 by Ord. No. 2014-04]
A sign that is accessory to a business identification sign
that identifies the services, products, or activities provided by
a business, service, or industrial enterprise that is displayed upon
the lot or premises occupied by such enterprise. Each service identification
sign shall be no larger than 25 square feet.
[Added 8-3-2015 by Ord.
No. 2015-05]
A scientific survey of soil conditions and characteristics,
prepared by an engineer or soil scientist and approved or certified
by the Soil Conservation Service in the county.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and top of the roof beams.
Any space partially within the roof framing, between the
top of the floor beams and the structural ceiling level, where the
clear height of not more than 50% of such space is seven feet six
inches or more.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians whether public or private.
The dividing line between a lot and a street.
Any change in the supporting members of a building, such
as beams, columns, or girders.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Any location where tattooing (method of placing designs,
letter, scrolls, figures, symbols or any other marks upon or under
the skin of a human with ink or any other substance, resulting in
the coloration of the skin by aid of needles or any other instrument
designed to touch or puncture the skin) is engaged in or where the
business of tattooing is conducted or any part thereof. For purposes
of this chapter, "tattoo parlor" falls within this definition.
[Added 12-1-2008 by Ord. No. 2008-08]
An establishment which serves primarily alcoholic beverages
for mostly immediate on-premises consumption and which is licensed
by the Pennsylvania Liquor Control Board, but may also include the
incidental sale of food. Taverns and bars shall not be construed to
be a sexually oriented business and/or related use as defined within
this chapter.
[Added 12-5-2016 by Ord. No. 2016-05]
An establishment with a building or portion thereof devoted
to the showing of movie pictures or theatrical productions on a commercial
basis. This use does not include "adult motion-picture theatre."
[Added 12-5-2016 by Ord. No. 2016-05]
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation.
See "cartway."
A use, other than a prison or a hospital, providing housing
for three or more unrelated person or outpatient services to persons
who need specialized housing, treatment and/or counseling because
of: criminal rehab (halfway house); current addiction to alcohol or
a controlled substance that was used in an illegal manner; and/or
a type of mental illness or other behavior that causes a person to
be a threat to the physical safety of others.
[Added 12-5-2016 by Ord. No. 2016-05]
An educational establishment, authorized by the Commonwealth
of Pennsylvania as such to award associate, baccalaureate or higher
degrees, including principal uses for classrooms, libraries, auditoriums,
gymnasiums, stadiums, administrative offices, dormitories and dining
facilities, boarding houses, maintenance and operating facilities
as well as ancillary uses (i.e. research facilities, retail services
and businesses) that support student, faculty and staff needs.
[Added 12-5-2016 by Ord. No. 2016-05]
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use be conducted in a principal
or accessory building.
A dismantled or nonoperable vehicle is one that does not
have a current inspection sticker and current license.
An establishment used primarily for the treatment, by a veterinarian,
of small animals and household pets and the outpatient treatment of
large animals. No outdoor keeping or boarding of animals is permitted.
[Added 12-5-2016 by Ord. No. 2016-05]
A man-made barrier consisting primarily of brick, concrete,
or cinder block placed or arranged as a line of demarcation to separate
or 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 of a fence. The term "wall" does not include retaining
wall nor does it include barriers of landscaped materials, including
hedges.
[Added 12-1-2008 by Ord.
No. 2008-08; amended 8-3-2015 by Ord. No. 2015-04]
A public or private utility system designed to transmit water
from a common source to customers, in compliance with Pennsylvania
Department of Environmental Protection regulations or regulations
of the Borough, whichever may be more stringent.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
An unoccupied ground area fully open to the sky between the
street line or by the street line established by the official map
of the Borough, or an approved subdivision plat and a line drawn parallel
thereto.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line other than a street or rear lot line, and a line drawn
parallel thereto between the front and rear yards.
The officially adopted Borough Zoning Ordinance with any
and all amendments thereto.
[1]
Editor's Note: The former definition of "garage,
private," which immediately followed this definition, was deleted
9-6-2005 by Ord. No. 2005-8.
[2]
Editor's Note: See now 53 Pa.C.S.A. § 5601
et seq.
[3]
Editor's Note: See now 65 Pa.C.S.A. § 701
et seq.
[4]
Editor's Note: The former definition of "shopping center,"
added 8-3-2015 by Ord. No. 2015-05, which immediately followed, was
repealed 12-5-2016 by Ord. No. 2016-05.
