A.Â
For the purpose of this chapter, the terms and words
listed in this section shall have the meanings herein defined. Words
not herein defined shall have the meanings given in Webster's Unabridged
Dictionary (most recent edition) and shall be interpreted so as to
give this chapter its most reasonable application.
B.Â
For the purpose of this chapter, the following rules
of interpretation shall apply:
(1)Â
Words in the present tense include the future tense.
(2)Â
Words in the singular include the plural and words
in the plural include the singular.
(3)Â
The words "used" and "occupied" as applied to any
land or buildings shall be construed to include the words "or intended,
arranged or designed to be used or to be occupied, or offered for
occupancy."
(4)Â
The term "such as" shall be considered as introducing
a typical or illustrative designation of items, and shall not be interpreted
as constituting a complete list.
(5)Â
The words "person" and "owner" shall be deemed to
include a firm, company, corporation, unincorporated association,
organization, trust and a partnership, or other legal entity, as well
as an individual.
(6)Â
The words "building" and "structure" shall be construed
as if followed by the phrase "or part thereof."
(7)Â
The word "lot" includes the words "plot" and "parcel."
(8)Â
The word "water body" includes lake, pond, dammed
water and water-filled quarry.
(9)Â
The word "watercourse" includes channel, creek, ditch,
dry run, spring, stream and river.
(10)Â
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.
(11)Â
The term "shall" is always mandatory; the terms
"may" and "should" are permissive.
(12)Â
Any term defined in the MPC which is not otherwise
defined in this chapter shall have the meaning set forth in the MPC.
Other terms or words used herein shall be interpreted
or defined as follows:
Next to or adjacent to, and includes the words "directly
across from streets, natural features and rights-of-way."
A privately owned, constructed and maintained vehicular access
from a public or private street to four or more off-street parking
spaces or to at least one loading space.
See "building, accessory."
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes, but is not limited to, utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 9-26-2022 by Ord.
No. 677]
See "structure, accessory."
See "use, accessory."
A state of being side by side, next to, adjoining or abutting
one to another.
For small wireless communications facilities, any similarly
situated support structure within a 250-foot radius that is of the
same design, construction, or use as the proposed structure. Adjacent
structures may include, but are not limited to, utility poles and
streetlight poles. The height of an adjacent structure is the vertical
distance measured from the ground level to the highest point on a
structure, not including antennae mounted on the tower and any other
appurtenances.
[Added 9-26-2022 by Ord.
No. 677]
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, devices,
videotapes, novelties or other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas. This shall include, but not be limited to, materials that would
be illegal to sell to minors under Pennsylvania state law.
An area or portion of a building for presenting motion pictures,
slides or videotapes or disks or similarly reproduced images distinguished
or characterized by an emphasis on depicting or describing specified
sexual activities for observation by patrons therein. This shall include,
but not be limited to, any theater that shows over a total of more
than 14 days in any calendar year any one or multiple motion pictures
that have received a rating of "X."
Any establishment or business which provides an outcall service
which consists of individuals leaving the premises upon request or
by appointment to visit other premises for a period of time for the
purpose of providing any service, during which time specified anatomical
areas are displayed other than in the presence of health-care professionals
licensed by the state or specified sexual activity occurs.
An adult bookstore, adult movie theater, adult outcall service,
bathhouse, body-painting studio, cabaret and/or massage parlor.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry.
The cultivation of the soil for food products or other marketable
products, including animal husbandry.
A public or private way affording only secondary means of
access to the back or side of properties otherwise abutting on a street.
Any enlargement of the total floor area of a building, any
enclosure by adding walls beneath a previously roofed area, any extension
of a roofline to cover additional lot area not previously covered,
or any construction which increases the cubic content of a building.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
An accessory use comprising either a closed-loop geothermal
energy system, an accessory solar energy system, an accessory wind
energy system, or an outdoor hydronic heating systems.
[Added 10-31-2011 by Ord. No. 603]
A change in use in a district that includes revisions to
the zoning text and/or the Official Zoning Map. The authority for
any amendment lies solely with the Borough Council.
A building used for the treatment, housing or boarding of
small domestic animals, such as dogs, cats, rabbits, and birds or
fowl by a veterinarian.
The raising, breeding, keeping or care of farm animals, livestock
or insects for meat by-products or other utility, which is intended
as a business or gainful occupation.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined herein. An antenna shall not include
private residence-mounted satellite dishes or television antennae
or amateur radio equipment including, without limitation, ham or citizen
band radio antennae.
[Amended 9-26-2022 by Ord. No. 677]
A business for purchase and sale at retail of antiques. Specifically
excluded are flea markets, multiple antique dealer ventures, and garage
sales of a permanent or quasi-permanent nature.
A dwelling unit, which is either accessory to a principal
use or one of three or more dwelling units in an apartment building,
and which provides separate, independent living, and sanitary facilities
for one family or individual, including provisions for cooking and
sleeping. Where such a unit contains no specific bedroom area, it
shall be deemed an "efficiency apartment" and regulated as all other
apartment dwelling units.
An apartment created within a single-family dwelling, where said conversion is done without altering the exterior of the building except to provide improvements necessary to comply with the requirements of Chapter 196 of the Code, as well as other existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
A commercial establishment that provides as a principal use
amusement devices and/or video games of skill or chance (e.g., pinball
machines, video games, firing ranges, and other similar devices).
This definition does not include the use of two or fewer such devices
as an accessory use.
A self-propelled, free-moving vehicle, primarily for conveyance
on a street or roadway.
See "vehicle body shop."
See "vehicle repair garage."
A story partly below the finished grade, but having at least
1/2 of its height (measured from the finished floor to finished ceiling)
above the average level of the finished grade where such grade abuts
the exterior walls of the building.
An establishment or business which provides the services
of baths of all kinds, including all forms and methods of hydrotherapy,
during which specified anatomical areas are displayed or specified
sexual activity occurs. This definition shall not apply to hydrotherapy
treatment practiced by or under the supervision of a medical practitioner.
A "medical practitioner," for the purpose of this chapter, shall be
a medical doctor, physician, chiropractor or similar professional
licensed by the Commonwealth of Pennsylvania.
The use and occupancy of a single-family detached dwelling
for accommodating transient guests for rent in accordance with the
other requirements of this chapter.
An earthen mound designed to create a visual and sound barrier
between a use and adjoining properties, streets, and adjacent uses.
A residential building that contains the primary residence
of the owner(s)/manager(s) and his family as well as long-term housing
for a maximum of 10 additional persons. There shall be a maximum number
of five bedrooms and maximum number of three persons per room. At
least one full bath shall be provided for use by the guests for every
two rental rooms. No provisions for cooking shall be allowed in any
rooming unit; however, congregate meals may be provided to residents
where meals are served family style rather than by ordering individual
portions from a menu.
[Amended 5-9-2016 by Ord.
No. 629]
Any establishment or business which provides the service
of applying paint or other substance, whether transparent or nontransparent,
to or on the human body when specified anatomical areas are exposed.
Any permanent place or establishment in which is offered
or practiced the act of penetrating the skin to make a hole, mark,
or scar, generally permanent in nature (body piercing) or the placing
of designs, letters, scrolls, figures, symbols or any other marks
upon or under the skin of any person with ink or any other substance
resulting in the permanent coloration of the skin, including permanent
makeup, by the aid of needles or other instruments designed to touch
or puncture the skin.
Shall include any individual or entity engaged by the Borough
to perform building inspections.
[Added 9-26-2022 by Ord.
No. 677]
A yard space, adjacent to a property line or building, which
contains landscaping and plantings designed to screen, separate and
shield a potentially incompatible use from adjoining properties, streets
and uses. The buffer yard may be a part of the minimum setback distance
and shall be free of any principal or accessory building, parking,
outdoor storage or any use other than open space.
A structure that has a roof supported by columns, piers or
walls, which is intended for the shelter, housing or enclosure of
persons, animals or chattel or which is to house a use of a commercial
or manufacturing activity.
BUILDING, ATTACHEDA building that has two party walls in common.
BUILDING, DETACHEDA building that has no party walls.
BUILDING, SEMIDETACHEDA building that has only one party wall.
A building detached from and subordinate to the principal
building or use on the same lot and used for purposes customarily
incidental to the principal building, but not including vehicles,
mobile homes, travel trailers, truck trailers, or any parts thereof.
An accessory building may not house a principal use nor may it stand
alone on a lot as a principal building.
The total areas of outside dimensions on a horizontal plane
at ground level of the principal buildings and all accessory buildings,
exclusive of cornices, eaves, gutters, or chimneys projecting not
more than 24 inches; bay windows not extending more than one story
and not projecting more than five feet; and steps and balconies.
The vertical dimensions measured from the average elevation
of the finished lot grade at the front of the building to the highest
point of ceiling at the top story in the case of a flat roof, to the
deck line of a mansard roof and to the average height between the
plate and ridge of a gable, hip or gambrel roof.
An imaginary line located along and drawn parallel to a wall
or other exterior supporting member of a structure or portion thereof,
excluding self-supportive projecting architectural features that project
five feet or less. Minimum yard requirements are applied from the
lot lines to said building lines.
The line within a property (usually parallel to the right-of-way
or property line), defining the required minimum distance between
any wall or other exterior supporting member of a structure or portion
thereof and the adjacent street right-of-way or property line.
REQUIRED FRONT BUILDING LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
REQUIRED SIDE BUILDING LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
REQUIRED REAR BUILDING LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
A building in which the principal use of the lot is conducted.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily. 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.
A building used as offices and occupied by personnel to perform
business, professional, administrative or clerical functions.
Includes such uses as banks, credit unions, loan and insurance
agencies, utility offices, government, business and professional offices,
medical or dental office facilities.
An open, semienclosed or enclosed structure in which people
can stand or sit while waiting for a bus.
A club, bar, tavern, theater, hall or other establishment
which includes dancers, entertainers or employees who display specified
anatomical areas or who conduct performances distinguished or characterized
by an emphasis on specified sexual activities.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
A building on a lot, designed and used primarily for the
washing and polishing of motor vehicles and which may provide for
the retail sale of minor, automotive accessories.
A story partly below the finished grade having at least 1/2
of its height (measuring from finished floor to finished ceiling)
below the average level of the adjoining finished grade where such
grade abuts the exterior walls of the building. A cellar shall not
be considered a story in determining the permissible number of stories.
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof.
A line midway between and parallel to the two street or road
property lines, or as otherwise defined by the Borough Council.
A certificate issued by the Zoning Officer upon completion
of construction of a new building or upon a change or conversion of
a structure or use of a building. This document certifies that the
applicant has complied with any and all requirements and regulations
provided herein and all other applicable requirements. This certificate
is also utilized for registration of nonconforming uses of land or
nonconforming uses of land and structures in combination.
An alteration of a building or a change of use theretofore
existing within a building or on a lot to a new use which imposes
other provisions of the Zoning chapter.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, and church-related
educational and/or day-care facilities.
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 individual building or cluster of buildings (or a lot
in single or common ownership) operated by one or more licensed medical
or dental practitioners for the purpose of providing medical or dental
treatment to the public on an outpatient basis.
The mounting of one or more communications antennas on an
existing communications tower, or on any structure that has been approved
by the Borough to support at least one communications antenna.
[Added 1-29-2018 by Ord.
No. 644]
Terms and pricing that are reasonably consistent with similar
wireless communications facility leases and agreements within a fifteen-mile
radius of the municipality.
[Added 9-26-2022 by Ord.
No. 677]
Any sign wording, logo, or other representation that, directly
or indirectly, names, advertises, or calls attention to a business,
product, service or other commercial activity.
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale, or service activities for profit.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including, without limitation,
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
Any entity or person that applies for a communications facility
building permit, zoning approval and/or permission to use the public
right-of-way, Borough-owned land, or other property for the placement,
modification, construction, or siting of wireless communications facilities.
[Added 1-29-2018 by Ord.
No. 644]
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.[1]
[Added 1-29-2018 by Ord.
No. 644]
The Comprehensive Plan adopted by the Borough Council pursuant to Article III of the Pennsylvania Municipalities Planning Code 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.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space not necessarily on ground
level, together with an undivided interest in the land or other parts
of the structure in common with other owners.
The building, reconstruction, demolition activities for reconstruction,
extension, expansion, alteration, substantial improvement, erection
or relocation of a building or structure, including mobile homes.
This shall include the placing and fastening of construction materials
in a permanent position. Earthmoving activities shall not be deemed
construction.
See "lot, corner."
The County of Lancaster, Commonwealth of Pennsylvania.
See "lot coverage."
A street with a single means of entry and exit. A cul-de-sac
has two parts, the stem and the turnaround.
A place where a minimum of three and a maximum of 40 children
under the age of 12 are provided with full-time adult supervision
while children are at the day-care center.
An exterior floor system composed of wood, man-made wood-like
materials and/or other wood-like materials supported on at least two
opposing sides by an adjoining structure and/or posts, piers or other
independent supports and is designed for outdoor living purposes as
an accessory use to a residential structure.
A municipal-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
other municipal attachments have been placed or are permitted to be
placed.
[Added 9-26-2022 by Ord.
No. 677]
A measure of the number of dwelling units that occupy, or
may occupy, an area of land.
The number of dwelling units per acre in relation to an area
of land actually in use or proposed to be used for residential purposes,
excluding public rights-of-way, whether exterior or interior, but
including interior parking areas and access lanes, sidewalks, parks,
playgrounds, common open spaces, etc.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings, manufactured homes, mobile
homes, or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations.
A person with a development disability.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
Attributable to mental retardation, cerebral
palsy, epilepsy, or autism;
Found to be attributable to any other condition
found to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of mentally retarded persons or requires
treatment and services similar to those required for such person;
and
See "kennel."
A privately owned and constructed vehicular access from a
private or public street to three or fewer off-street parking spaces.
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof or waste material of any kind.
A metal storage receptacle used to temporarily store debris
or garbage and which is then emptied of its contents or removed with
its contents to a dump site.
[Added 1-29-2018 by Ord.
No. 644]
A building containing three or more dwelling units. Each
dwelling unit may be separately owned, provided that the area formed
by the combined lots of all dwelling units in a multiple-family dwelling
shall comply with all of the requirements for that type of multiple-family
dwelling in that district.
LOW-RISE MULTIPLE-FAMILY BUILDINGA multiple-family dwelling which does not contain more than eight dwelling units, does not exceed three stories in height, and in which each dwelling unit has an independent outside access.
GARDEN APARTMENTA low-rise multiple-family building in which individual dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to a common cellar.
TOWNHOUSE, QUADRAPLEX or PATIO HOMEA low-rise multiple-family building in which each dwelling unit extends from ground to roof and contains two points of independent access. (See also "townhouse.")
LOW-RISE APARTMENTA multiple-family dwelling which does not contain more than 12 dwelling units, not exceeding three stories in height, in which each dwelling unit shares a common outside access directly from the dwelling unit or through a common access hall.
See "townhouse."
A detached (separate) building designed for or occupied exclusively
by one family on an individual lot; however, this shall not include
single-unit mobile homes that are defined separately.
A building with one dwelling unit from the ground to roof
and only one party wall in common with another dwelling unit. Commonly
described as a "duplex," the semidetached, single-family dwelling
is on an individual lot, is connected on one side to a similar dwelling
on an adjacent lot and is usually owner-occupied.
A separate building on an individual lot with two dwelling
units from ground to roof (one unit over the other); commonly described
as a "twin."
One or more rooms connected together, constituting a separate,
independent housekeeping establishment for owner occupancy, or rental
or lease on a weekly, monthly or longer basis, and physically separated
from any other rooms or dwelling units which may be in the same structure,
and containing independent cooking and sleeping facilities for one
family.
The authorization by a property owner of a right-of-way granted,
but not dedicated, for limited use of private land for a public or
quasi-public purpose, 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 of the easement.
A sign capable of displaying words, symbols, figures, or
images that can be electronically or mechanically changed by remote
or automatic means.
[Added 5-9-2016 by Ord.
No. 629]
An application for modification of an existing wireless communications
facility that involves:
[Added 9-26-2022 by Ord.
No. 677]
A condition that:
[Added 9-26-2022 by Ord.
No. 677]
Any physical action which may jeopardize the health and longevity
of a natural feature, or any structure or activity which in any manner
changes the course, current or cross section of any wetland, watercourse,
or body of water.
The Borough Engineer or any consultant designated by the
Borough Council to review a subdivision plan and perform the duties
of engineer in behalf of the Borough.
A person duly licensed as a professional engineer by the
Commonwealth of Pennsylvania.
Uses that are clearly necessary for the preservation of public
health and safety and that are routine, customary and appropriate
to the character of the area in which they are to be located. "Essential
services" shall not include a central sewage treatment plant, a solid
waste disposal area or facility, communications antennas, communications
towers, a power-generating station, septic or sludge disposal, offices,
storage of trucks or equipment or bulk storage of materials.
[Amended 1-29-2018 by Ord. No. 644]
A multipurpose venue facility hosting special events such
as graduations, anniversaries, holiday gatherings, trade shows, corporate
functions or parties, concerts, and general get-togethers. An event
center may include a catering kitchen, indoor and/or outdoor seating,
and a stage or event area.
[Added 3-9-2020 by Ord.
No. 664]
The exterior walls of a building exposed to public view or
that wall viewed by persons not within the building.
A single person occupying a dwelling unit and maintaining
a household or two or more persons related by blood, marriage, adoption
or foster relationship occupying a dwelling unit, living together
and maintaining a common household, including not more than one boarder,
roomer or lodger; or not more than five unrelated persons occupying
a dwelling unit, living together and maintaining a common household;
provided further, that a family shall also include any number of unrelated
persons who reside within a licensed group home as defined herein.
It is the express intention of this definition to comply with the
Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619.
A parcel of land of 10 or more acres used primarily in the
raising or production of agricultural products, with the customary
dwelling, farm structures, storage and equipment. Adjoining tracts,
parcels or separately deeded properties which are owned and farmed
integrally as part of the same farming operation shall be considered
jointly as one farm.
Any place where two or more enterprises sell agricultural,
horticultural and animal husbandry products.
Federal Communications Commission.
[Added 1-29-2018 by Ord.
No. 644]
Any combination of man-made materials (usually consisting
of posts, boards, wire or rails) creating an enclosure or barrier
to prevent intrusion from outside or straying from within or to mark
a boundary.
A market, usually in open air, selling antiques, used household
goods, curios and similar merchandise.
See Article VI of this chapter.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the area of roofed porches and roofed terraces. All dimensions
shall be measured between exterior faces of walls.
See "habitable floor area."
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public rights-of-way.
[Added 9-26-2022 by Ord.
No. 677]
A building or structure for the private use of the owner
or occupant of a principal building, situated on the same lot of the
principal building for the storage of motor vehicles, with no facilities
for mechanical service or repair of a commercial or public nature,
and in which no occupation, business or service for profit is conducted.
A building designed and used for the storage of automotive
vehicles operated as a business enterprise with a service charge or
fee being paid to the owner or operator for the parking or storage
of privately owned vehicles.
See "vehicle repair garage."
The cultivation of herbs, fruits, flowers, or vegetables,
excluding the keeping of livestock.
A type of geothermal heating or cooling system, not designed
or used for the generation of power, that utilizes a pressurized heat
exchanger consisting of pipe, a circulating pump, and a water-source
heat pump in which the heat transfer fluid is not exposed to the atmosphere.
The heat transfer fluid is potable water and may have approved antifreeze
added. There are two kinds of closed-loop systems:
[Added 10-31-2011 by Ord. No. 603]
Closed Horizontal-Loop Geothermal System — A
mechanism for heat exchange which consists of the following basic
elements: horizontal underground loops of piping; heat transfer fluid;
a heat pump; an air distribution system. An opening is made in the
earth. A series of pipes are installed into the opening and connected
to a heat exchange system in the building. The pipes form a horizontal
closed loop and are filled with a heat transfer fluid. The fluid is
circulated through the piping from the opening into the heat exchanger
and back.
Closed Vertical-Loop Geothermal System — A borehole
that extends vertically beneath the surface. Pipes are installed with
U-bends at the bottom of the borehole. The pipes are connected to
the heat exchanger and heat transfer fluid is circulated through the
pipes.
A type of geothermal heating or cooling system that utilizes
a water-supply well and a water pump to deliver groundwater to a water-source
heat pump. The discharge water from the water-source heat pump may
be returned to the subsurface through a recharge well or infiltration
bed or may be discharged into a pond, lake or stream. A spring may
also be the source of the ground water supply.
[Added 10-31-2011 by Ord. No. 603]
The Borough Council of Denver Borough, Lancaster County,
Pennsylvania.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment. Any greenhouse
in which there are retail sales and/or items stocked for resale is
a commercial use.
An assemblage of solar panels for the production of electrical
energy mounted directly to the ground and not attached to a building
which may constitute either a principal or accessory use of the lot.
[Added 9-26-2022 by Ord.
No. 677]
A building operated by a reasonably responsible individual,
family or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age, emotional, mental or physical handicap, which shall
not include an institution such as a nursing home or rehabilitation
center or personal care boarding home or a facility to which persons
are referred by the juvenile or criminal justice system. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and those under treatment for alcohol and/or drug
abuse; provided, however, that persons currently illegally using a
controlled substance shall not be included. Group homes shall be licensed
where required by any appropriate government agencies, and a copy
of such license shall be delivered to the Borough prior to the beginning
of the use. Group homes shall be subject to the same limitations and
regulations by the Borough as any lawful dwelling unit, except insofar
as and where such limitations and regulations would result in a tendency
to perpetuate segregation of the handicapped in housing patterns,
as substantiated by reasonable evidence provided to Borough Council.
It is the express intent of this definition to comply with the Fair
Housing Amendments Act of 1988, P.L. 100-430, 102 Stat. 1619.
The sum of the floor area of all heated, finished rooms within
a dwelling unit, used on a daily basis for habitation. Such area may
include living rooms; recreation rooms; kitchens; dining rooms; bedrooms;
bathrooms; hallways; closets; heated and finished basements, cellars
and attics; attached garages which have been converted into an integral
part of the living quarters; but does not include garages; porches,
whether roofed unroofed or enclosed; roofed terraces; unfinished and
unheated basements, attics, cellars or garages; etc.
A business that offers active recreational and/or fitness
activities. Such activities are provided only to club members and
their guests. Such facilities do not include golf courses.[2]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based wireless communications
facility, including antennae mounted on the tower and any other appurtenances.
[Added 9-26-2022 by Ord.
No. 677]
The vertical distance measured from the ground level, including
any base pad, to the highest point on a communications tower, including
communications antennas mounted on the tower and any other appurtenances.
[Added 9-26-2022 by Ord.
No. 677]
A building, site, object or district that is determined to
be of local, county, state or national significance.
A plot of land used for the cultivation of vegetables or
fruits and used solely by the property owner or occupant and not for
resale.
An occupation, profession, activity or use conducted within
a residential dwelling by the resident-operator and not more than
one nonresident employee. The use shall be clearly incidental and
secondary to the use of the dwelling for dwelling purposes and the
exterior appearance of the structure, and the premises shall remain
residential in character. There shall be no exterior evidence of the
home occupation except a permitted sign, and the use shall cause no
offensive noise, vibration, smoke, dust, odor, heat or glare. Since
the use may be of such nature that may require regular visits by customers
and/or deliveries, off-street parking space will be required in addition
to the spaces required for the residential use.
A nonprofit, private organization comprised of property owners
within a cluster development or planned residential development, operating
under commonwealth guidelines for the purpose of administering to
the needs of residents and the maintenance of commonly owned property
and improvements. All such associations shall comply with the requirements
for unit owners' associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
A place for the diagnosis, treatment, or other care of humans
and having facilities for in-patient care, including such establishments
as a sanitarium, sanatorium and preventorium.
A building or group of buildings which contains six or more
rental units for overnight lodging of travelers or for the temporary
occupancy of transients, licensed under applicable laws.
Any portion of a lot covered by impervious surfaces.
Any surface that has been compacted or covered over with
a building, structure or layer of material so that it is highly resistant
to infiltration by water. It includes surfaces such as compacted sand,
limerock, or clay, as well as graveled driveways and parking areas
and most conventionally surfaced streets, roofs, sidewalks, parking
lots and other similar structures and paved areas. In addition, other
areas determined by the Borough Engineer to be impervious within the
meaning of this definition will also be classed as impervious surfaces.
See "hotel."
Any discarded material or articles (including scrap metallic
or nonmetallic items, abandoned vehicles and equipment, paper, glass,
containers and structures). It shall not include refuse or garbage
kept in a proper container for the purpose of prompt disposal.
Any land or structure where junk or salvage is discarded,
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled. Junkyard does not include those structures where used
furniture or household equipment is stored, bought or sold, or those
structures or land where automobiles not abandoned are stored, bought
or sold. A junkyard also shall not include a solid waste disposal
facility.
An enclosure or area (located outside a dwelling) which houses
or is designed for keeping more than three birds or animals, six months
in age or older; however, this does not include pet zoos or menageries.
Changing, rearranging or adding to the vegetation or appearance
of land to produce a visual, aesthetic or environmental effect appropriate
to the use of land. Landscaping may include reshaping the land by
moving earth, as well as preserving the original vegetation or adding
vegetation.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in a multifamily
housing development.
An off-street space not less than 12 feet wide by 55 feet
long and having a minimum clear height of 15 feet, exclusive of access
area, for the parking of one vehicle while loading or unloading merchandise
or materials.
See "boardinghouse."
A single tract or parcel of land, which may legally be described
as such, held in single or joint ownership, which is occupied or capable
of being occupied by one principal building or principal use together
with such accessory buildings, structures, and such open spaces as
are arranged and permitted by this chapter. A lot may or may not coincide
with a lot of record and includes one or more adjacent pieces, parcels,
or plots of land of record held in single and separate ownership.
LOT, CORNERA lot at the point of intersection of and abutting on two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines.
LOT, FLAGA lot or parcel that has access provided to the bulk of the lot by means of a narrow corridor. Said lot has less frontage on a street than is normally required.
LOT, INTERIORA lot other than a corner lot, the side property lines of which do not abut a street.
LOT, THROUGHA lot extending between and having frontage on two streets.
An area of land that is determined by the limits of the property
lines bounding that area and expressed in terms of square feet or
acres. Any portion of a lot within a street right-of-way shall not
be included in calculating the required lot area.
The percentage of the lot or property area covered by buildings
or structures, excluding driveways, sidewalks, and other standard
paved vehicular or pedestrian accessways.
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
That portion of a lot extending along a street or road right-of-way
line.
Any line dividing one lot from another lot, street or parcel.
LOT LINE, FRONTOn an interior lot, the lot line abutting the street; on a corner or through lot, each lot line which abuts a street; on a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
LOT LINE, REARExcept in the case of a corner lot, the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
LOT LINE, SIDEAny lot line that is not a front or rear lot line.
The horizontal distance between the side lot lines measured
at right angles to its depth. The required lot width shall be measured
at the required minimum front yard setback line, except that pie-shaped
lots at the turnaround of cul-de-sac streets shall have lot frontage
equal to at least 50% of the required lot width and shall achieve
required lot width at a point equal to 50% of the lot depth.
A process whereby substances, raw materials, and/or semifinished
materials are chemically, mechanically, or otherwise transformed to
goods and products that have some economic value.
Any permanent roof-like structure projecting beyond a building
or extending along and projecting beyond the wall of a building, generally
designed and constructed to provide protection from the weather.
Any commercial establishment where a massage is available.
A "massage" means the performance of manipulative exercises upon a
human body by another person by rubbing, kneading, stroking or tapping
with the hands or with a mechanical device. This shall not include
activities conducted by a health-care professional licensed as such
by the Commonwealth of Pennsylvania, nor shall it include the offering
of massages as an accessory use to an exercise club, public or private
primary or secondary school or publicly owned recreation use.
An area of land or building owned, leased or occupied by
an association of persons, operated solely for a recreational, social,
fraternal, religious, political or athletic purpose, whose activities
are confined to the members and guests, and where no alcoholic beverages
are served on the premises.
A parabolic reflector, together with any other attachments
and parts thereof, commonly referred to as a "dish-shaped antenna,"
used or intended to receive radio or electromagnetic waves from an
overhead satellite.
Occupancy of a building for more than one use.
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.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.
[Added 9-26-2022 by Ord.
No. 677]
A sectional, single-family dwelling, intended for permanent
occupancy, contained in two or more units designed to be permanently
joined into one integral unit, which arrives at a site complete and
ready for occupancy except for assembly operations and construction
of the necessary permanent foundation. For the purposes of this chapter,
modular homes shall be treated the same as a conventional stick-built
single-family dwelling.
See "hotel."
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as reenacted and amended and as may in
the future be amended.[3]
Denver Borough, Lancaster County, Pennsylvania.
Any use owned or operated by the Borough or an authority
created by the Borough.
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. A no-impact home-based business requires a zoning
permit.
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 lawful sign that does not conform to the regulations of
the district in which it is located.
A 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 heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance 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 such chapter or amendment to its location by reason of annexation.
Any use other than a dwelling. An institutional use, in which
persons may reside, such as a dormitory, prison, nursing home, or
hospital, shall be considered a nonresidential use.
All non-tower wireless communications facilities, including
but not limited to antennae and related equipment. Non-tower WCF shall
not include support structures for antennae and related equipment.
[Added 9-26-2022 by Ord.
No. 677]
See "day-care center."
A building containing sleeping rooms used by elderly persons
who are lodged and furnished with meals, with or without nursing care.
Unless otherwise specified, a nursing home shall be deemed to also
include a convalescent home, rest home, life care community, or other
similar use.
A building or portion of a building wherein services are
performed involving predominantly administrative, professional or
clerical operations.
An office building containing space for one or more persons
engaged in occupations or callings which require extensive learned
and academic preparation to secure knowledge or skill in a profession,
such as medicine, law, divinity or science, wherein professional advice,
guidance, or instruction is provided. Occupations or vocations that
are trades, crafts, or businesses and often involve the sale of a
product shall not be considered professional offices.
SEWAGE DISPOSAL SYSTEMAny septic system or structure designed to biochemically treat sewage within the boundaries of an individual lot.
WATER DISTRIBUTION SYSTEMA system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot.
The area of a lot unoccupied by principal or accessory structures,
streets, driveways or parking areas; but includes areas occupied by
walkways, patios, porches without roofs, playgrounds, outdoor recreation
or play apparatus, gardens or trees. Detention ponds and retention
ponds shall not be considered as open space.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site which is open space designed
and intended for the use or enjoyment of residents of a development.
Detention ponds and retention ponds shall not be considered as open
space.
Areas, lands, properties, open spaces, or real estate that
is legally protected or reserved for natural use, including, but not
limited to, parks, recreational areas, and land within a conservation
easement (unless telecommunications use permitted therein).
[Added 9-26-2022 by Ord.
No. 677]
A fuel-burning device, also known as an outdoor wood-fired
boiler, outdoor wood-fired furnace or outdoor wood-burning appliance,
designed:
[Added 10-31-2011 by Ord. No. 603]
To burn clean wood or other fuels specifically tested and listed
for use by the manufacturer;
By the manufacturer specifically for outdoor installation or
installation in structures not normally intended for habitation by
humans or domestic animals (e.g., garages); and
To heat building space or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture.
The Department of Environmental Protection of the Commonwealth
of Pennsylvania.
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily or overnight off-street
parking.
An off-street, open or enclosed area accessible from a street
or alley for parking of motor vehicles for owners, occupants, employees,
customers, or tenants of the principal building or use. Each parking
space shall be not less than nine feet wide and not less than 18 feet
long, exclusive of all drives, curbs and turning space.
A common, shared wall between two separate structures, buildings,
or dwelling units.
An area or courtyard constructed of impervious surface, such
as concrete, pavers, stone or similar materials, which is not covered
by a roof or permanent awning and is designed for outdoor living purposes
as an accessory use to a residential structure. A patio with footers,
for the purpose of this chapter shall be considered a structure which
must comply with the applicable yard requirements of this chapter.
The Pennsylvania Department of Transportation or any agency
successor thereto.
As it relates specifically to mobile homes, shall include
a skirt around the perimeter of the mobile home that shall be of masonry
construction upon footers set below the frost line and oriented to
the perimeter of the mobile home so as to provide a weather-tight
joint on all four sides.
A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any building code which may be adopted by the Borough, which authorizes an applicant to commence with said construction, alteration or reconstruction.
OCCUPANCY PERMITA permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit. For purposes of this chapter, an occupancy permit is also issued for all commercial and industrial uses and for multiple-family dwellings where there is change in the use of a structure or parcel of land or the reoccupancy of a structure or land.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with this chapter which authorizes an applicant to proceed with said use, building or structure.
Any natural person, association, entity, partnership, firm
or corporation.
[Added 1-29-2018 by Ord.
No. 644]
As defined by the regulations of the Pennsylvania Department
of Welfare. It is the express intention of this definition to comply
with the Fair Housing Amendments Act of 1988, P.L. 100-430, 102 Stat.
1619.
Includes such uses as barber shops, beauty salons, photographic
studios, tailor, dress-making, millinery shops and dry cleaning /
laundry drop-off points.
See "kennel."
See "plat."
A group of uses planned and designed as an integrated unit
with controlled ingress and egress and shared off-street parking provided
on the property as an integral part of the unit.
A group of uses planned and designed as an integrated unit
with controlled pedestrian ingress and egress.
[Added 4-14-2014 by Ord. No. 617]
The Denver Borough Planning Commission.
The map or plan of a subdivision or land development, whether
preliminary or final.
Any freestanding structure located within the public rights-of-way,
including but not limited to utility poles, streetlights, traffic
lights and signage that may support, hold, or house wireless communications
facilities, wireless accessory equipment, or related equipment.
[Added 9-26-2022 by Ord.
No. 677]
A roofed or unroofed structure projecting from the front,
side or real wall of a building.
A temporary dumpster, including, but not limited to, containers
commonly known as "portable storage devices" or "PODS®."
[Added 1-29-2018 by Ord.
No. 644]
Any lot, parcel or tract of land and any building constructed
thereon. The term "premises" shall also include the area occupied
by a business or other commercial, professional or industrial enterprise.
When more than one such enterprise occupies a building, each business
area shall be considered a separate premises.
See "building, principal."
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the municipality.
[Added 9-26-2022 by Ord.
No. 677]
Not publicly owned, operated or controlled.
An active, registered professional engineer (P.E.), licensed
as such by the Commonwealth of Pennsylvania.
[Added 9-26-2022 by Ord.
No. 677]
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Public
Education).
Includes the following:
The surface of and space above and below any real property
in the municipality in which the municipality has a regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to: the total extent of
land reserved or dedicated as a street way/alley/lane for public or
private purpose; all streets, highways, avenues, roads, alleys, sidewalks,
tunnels, viaducts, bridges, skyways, or any other public place, area
or property under the control of the municipality; any unrestricted
public or utility easements established, dedicated, platted, improved
or devoted for utility purposes, but excluding lands other than streets
that are owned by the municipality. The phrase "in the public right(s)-of-way"
means in, on, over, along, above and/or under the public right(s)-of-way.
[Added 9-26-2022 by Ord.
No. 677]
Any structure used for the transmission or retransmission
of a commercial radio or television broadcast signal.
A vehicle (regardless of size) which is designed as a temporary
dwelling for travel, recreational and vacation uses (regardless of
whether it is self-propelled or is designed to be towed or carried
by another vehicle). Recreational vehicle includes campers, pickup
coaches, travel trailers or motor homes.
Reusable material, including, but not limited to, metals,
glass, plastic and paper, which are intended for reuse, remanufacture,
or reconstruction for the purpose of using the altered form. Recyclable
material dos not include refuse or hazardous materials. Recyclable
material may include used motor oil collected and transported in accordance
with state requirements.
A center for the acceptance by donation, redemption or purchase
of recyclable materials from the public.
A building or enclosed space used for the collection and
processing of recyclable materials. "Processing" means the preparation
of material for efficient shipment, or to an end-user's specification,
by such means as baling, briquetting, compacting, flattening, grinding,
crushing, mechanical sorting, shredding, cleaning and remanufacturing.
A person duly licensed as a professional engineer, surveyor,
geologist or landscape architect by the Commonwealth of Pennsylvania.
Any structure or equipment at a fixed location, not including
a tower, that enables FCC-licensed communications between a user and
a wireless network.
[Added 1-29-2018 by Ord.
No. 644]
One or more rooms intended to be occupied by one family as
separate living quarters, but does not contain one or more of the
following: sanitary facilities, kitchen facilities or direct access
from the outside or through a common hall.
Includes such uses as radio, television and appliance repair
shops, plumbing shops, carpenter shops, and shoe repair shops.
An independent, self-sufficient dwelling unit, with complete
kitchen and bath facilities, which is either 1) entirely contained
within a single-family dwelling unit and has direct access to the
outdoors, 2) has a common hall with a single-family detached dwelling,
or 3) is located within a detached garage. The definition is limited
to occupancy by either an elderly, handicapped, or disabled person
who is related by blood, marriage or adoption to the owners of the
principal dwelling and only in a residential district.
[Added 9-25-2023 by Ord. No. 685]
An accessory use to a commercial restaurant where the customer
receives food or beverage via a drive-up window, without the need
for the customer to leave his vehicle.
A commercial establishment where a limited selection of food
or beverage is sold either for consumption on the premises or as a
takeout service. Food preparation is designed for immediate service
to customers and food is normally prepared in advance to facilitate
this type of fast service.
A commercial establishment where a variety of foods and beverages
are sold for consumption on the premises. Customers are normally seated
at a table where they select food and beverage from individual menus,
and they are served foods and beverages by a restaurant employee at
the same table at which said items are ordered and consumed.
Includes such uses as variety stores, apparel stores, drugstores,
grocery stores, eating establishments, antique shops, music shops,
sporting good stores, and book, stationery, magazine, candy and tobacco
shops.
Those businesses whose primary activities involve the display
and retail sales of goods and products. This term shall not include
adult-related facilities as defined herein.
A residential dwelling or group of dwellings which may consist
of a mixture of apartment or independent housing units and personal
care, skilled care, or nursing care facilities in an environment which
cannot be achieved through the use of conventional residential development.
The facility serves persons who are a minimum of 50 years old. This
type of development does not necessarily include convalescent or nursing
facilities.
The total width of any land reserved or dedicated as a street,
road, or other public or semipublic purposes.
See "boardinghouse."
Any habitable room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not
for cooking or eating.
See "townhouse."
A private hospital, whether or not such facility is operated
for profit.
A school that may offer a wide range of educational or instructional
activities that may or may not be operated as a gainful business by
some person or organization other than the school district.
Any school licensed by the Commonwealth of Pennsylvania and
which meets the requirements for elementary education.
Any place licensed by the Commonwealth of Pennsylvania and
which is authorized to provide regular instruction and daytime care
for two or more children under the age of elementary school.
Any school licensed by the Commonwealth of Pennsylvania and
which is authorized to award diplomas for secondary education.
The receiving of unprepared or unprocessed scrap, the segregation
of this material into grades, and the production of finished metal
products in specific sizes and physical configurations according to
the specifications of steel mills, foundries and refineries, by manufacturing
processes such as baling, shearing, shredding, or otherwise processing
the unprocessed materials through the use of specialized machinery
and equipment.
The use of plant or landscaping materials, fencing, walls
and/or earthen berms to aid in the concealment of one element of a
development from other elements or from adjacent or contiguous development.
A building or group of buildings containing separate storage
spaces of equal or varying sizes, leased or rented on an individual
basis.
Open to the public but owned, operated or controlled by a
private, nonprofit or nonpublic agency.
The required horizontal distance or space between two or
more objects (i.e., as in minimum separation distances between buildings
in a multifamily development).
The horizontal distance from a lot line to the part of the
building nearest to such a lot line.
A group of stores, two or more in number, planned, designed
and constructed to function as an integrated unit with off-street
parking provided on the property as an integral part of the unit.
Includes any writing (including letter, word or numeral),
pictorial representation (including illustration or decoration), emblem
(including device, symbol, or trademark), or any other device or similar
character which is a structure or any part thereof, or is attached
to, painted on, or in any other manner represented on a vehicle, building
or other structure; is used to announce, direct attention to, or advertise;
and is visible from outside a building. Specific sign types are defined
as follows:
BANNERAny sign of lightweight fabric or similar material that is permanently mounted to a pole or building by a permanent frame at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.
BILLBOARDSee "off-premises advertising sign."
CANOPY SIGNAny sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outside service area. A marquee is not a canopy.
FLAGAny fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FREESTANDING SIGNAn independently supported sign that is not attached to any building or other structure.
MARQUEE SIGNAny sign attached to in any manner or made part of a marquee.
NONCONFORMING SIGNAny sign that does not conform to the requirements of this chapter.
OFF-PREMISES ADVERTISING SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered elsewhere than upon the premises where the sign is located or to which it is affixed or which calls public attention to a candidate, cause or public issue.
OFF-PREMISES DIRECTIONAL SIGNA nonilluminated sign with no commercial message for directing patrons, members, audiences, etc., to a business, service club, church, school or other establishment.
ON-PREMISES SIGNA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business located or offered on the premises upon which the sign is displayed or to which the sign is affixed.
PORTABLE SIGNAny sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to A-frames or T-frames; menu and sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of way, unless said vehicle is used in the normal day-to-day operations of the business.
PROJECTING SIGNA sign erected or displayed which is attached to the wall of a building and projects in a perpendicular fashion from said wall. Wall signs that project more than 12 inches shall be treated as projecting signs.
ROOF SIGNAny sign erected and constructed wholly on and over the roof of the building supported by the roof structure, and extending vertically above the highest portion of the roof. Roof signs shall not exceed the maximum height requirements for buildings or structures.
TEMPORARY SIGNAny sign that is used temporarily and is not permanently mounted.
WALL SIGNAny sign attached parallel to, but within 12 inches of, a wall, painted on the wall surface, or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one sign surface.
WINDOW SIGNAny sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, which is placed inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
Construed to include the entire display surface and background,
whether open or enclosed, which encompasses lettering, wording, designs
and symbols, but not including any supporting framework and bracing
that is incidental to the display itself. The area shall be determined
using the largest visible sign or silhouette area. When the sign consists
of individual letters or symbols attached to or printed on a surface,
the area shall be considered to be the smallest rectangular shape
or shapes which can be drawn together to encompass all of the letters
and symbols.
A sign consisting of two display areas placed back to back
or joined along a common edge and is treated as having one sign area.
If the display areas are joined along a common edge and the interior
angle is greater than 45°, the structure shall be treated as having
two sign areas.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, rights-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Borough Council, Planning Commission or Zoning Hearing
Board in unusual or special cases.[4]
A wireless communications facility that meets the following
criteria:
[Added 9-26-2022 by Ord.
No. 677]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on Tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radiofrequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
A solar collection system consisting of one or more roof-mounted
solar collector devices, including photovoltaic shingles, and solar-related
equipment, which is intended to primarily reduce on-site consumption
of utility power.
[Added 10-31-2011 by Ord. No. 603]
Include any of the following:
Include the following:
Actual or simulated sexual intercourse, oral
copulation, anal intercourse, oral/anal copulation, bestiality, direct
physical stimulation of unclothed genitals, flagellation or torture
in the context of a sexual relationship or use of excretory functions
in the context of a sexual relationship and any of the following depicted
sexually oriented acts or conduct: analingus, bestiality, sadomasochism,
cunnilingus, fellatio, necrophilia, sodomy or pedophilia.
Clearly depicted human genitals in a state of
sexual stimulation, arousal or tumescence.
Use of human or animal masturbation, sodomy,
oral copulation, coitus, ejaculations.
Fondling or touching of nude human genitals,
pubic region, buttocks or female breast.
Masochism, erotic or sexually oriented torture,
beating or the infliction of pain.
Erotic or lewd touching, fondling or other contact
with an animal by a human being.
Human excretion, urination, menstruation, vaginal
or anal irrigation.
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, alternative mounting structures,
such as architecturally screened roof-mounted antennas, building-mounted
antennas painted to match the existing structure and facilities constructed
to resemble trees, shrubs, flagpoles, and light poles.
[Added 1-29-2018 by Ord.
No. 644]
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A split-level story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it. Any floor under a sloping
roof at the top of a building which is more than two feet below the
top plate shall be counted as a story; and, if less than two feet
below the top plate, it shall be counted as a half-story.
A natural drainageway having defined bed and banks that supports
aquatic life including, but not limited to, fish, reptiles and macroinvertebrates.
Any street, avenue, boulevard, road, highway, freeway, parkway,
lane, alley, viaduct, or any other way used or intended to be used
by vehicular traffic or pedestrians, whether public or private. The
word "street" includes the entire right-of-way and is not limited
to the cartway area.
The line determining the limit of the street or public right-of-way,
either existing or contemplated. Also referred to as the street lot
line or road right-of-way line. Where a definite right-of-way width
has not been established, the street line shall be determined as a
line 25 feet from the center line of the existing street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure subordinate to and detached from the principal
structure on the same lot and used for the purposes customarily incidental
to the principal structure.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added 1-29-2018 by Ord.
No. 644; amended 9-26-2022 by Ord. No. 677]
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the public rights-of-way, it
increases the height of the facility by more than 10% or 10 feet,
whichever is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower at the level of the appurtenance, whichever
is greater; for those wireless communications facilities in the public
rights-of-way, it protrudes from the edge of the support structure
by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either before the improvement or repair is started or,
if the structure has been damaged, and is being restored, before the
damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure.
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, approved by the municipality.
[Added 9-26-2022 by Ord.
No. 677]
An area containing a swimming pool which is used by the public
or by members for a fee.
A body of water or receptacle for water having a depth at
any point or designed to be greater than 24 inches, which is primarily
used or intended to be used for swimming or bathing. This shall include
inflatable and bladder-type pools.
An establishment where alcoholic beverages are primarily
sold to be consumed on the premises and which is not clearly primarily
a standard restaurant.
By virtue of engineering or spectrum usage, the proposed
placement for a wireless communications facility or its design or
site location can be implemented without a material reduction in the
functionality of the wireless communications facility.
[Added 9-26-2022 by Ord.
No. 677]
Any dumpster used or intended as a disposal facility for
construction, renovation or demolition projects, special events, seasonal
use, or other purposes not permanent in nature.
[Added 1-29-2018 by Ord.
No. 644]
A building or part of a building devoted to the showing of
moving pictures or for dramatic, musical or live performances.
The cutting down and removal of trees and logs to be converted
to any forest product.
A dwelling unit placed on a property for occupancy as a residential accessory dwelling unit with a habitable area of not less than 150 square feet and not more than 400 square feet, whether it is constructed with a foundation or on wheels. A tiny home shall be exempt from the minimum habitable floor area requirements of this chapter, and tiny homes shall comply with all requirements of § 200-50 respecting mobiles homes. A tiny home use is allowed as an accessory use in all residential districts where residential accessory uses and structures are allowed.
[Added 9-30-2019 by Ord.
No. 657]
A self-supporting lattice tower, guy tower, monopole, or
any other pole, that is constructed primarily to support an antenna
for receiving and/or transmitting wireless service.
[Added 9-26-2022 by Ord.
No. 677]
A tower and its supporting antennae, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. Distributed
antennae system hub facilities are considered to be tower-based WCFs.
[Added 9-26-2022 by Ord.
No. 677]
A building with one dwelling unit from the ground to the
roof, located on its own lot, and having two side party walls in common
with other dwellings, except in the case of an end-of-row unit that
only has one sidewall that is a party or lot-line wall.
A vehicular portable structure built on a chassis (motorized
home, converted bus, tent trailer, tent or similar device) designed
to be used as a temporary dwelling for travel and recreational purposes.
The Denver Borough Uniform Construction Code.
[Added 10-31-2011 by Ord. No. 603]
A zoning district, or subarea thereof, in which all utility
installations are required to be installed underground on a nondiscriminatory
basis.
[Added 9-26-2022 by Ord.
No. 677]
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
USE, PRINCIPALThe main purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
A vehicle (regardless of size) designed to be towed behind
a motor vehicle or truck. A utility trailer may be open on all four
sides (with or without sideboards) or completely enclosed with doors,
and have one or more axles. Utility trailers are commonly used for
recreational purposes and for hauling of materials, whether man-made
or natural, and whether public or private.
A building that is used for the repair or painting of bodies,
chassis, wheels, fenders, bumpers, and/or accessories of automobiles,
trucks and other vehicles used for conveyance.
A structure, building or area of land or any portion thereof
used primarily for the servicing and repair of automobiles, trucks
and similar vehicles. A vehicle repair garage may provide one or more
of the following services: general mechanical repair of motor vehicles,
including state inspection, lubrication, washing, or sale of accessories
and motor vehicle fuels. Uses permissible as a repair garage do not
include bodywork, straightening of body parts, painting, welding,
and storage of certain vehicles. A repair garage is not an automobile
body shop or retail automotive parts store.
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks and which may include accessory facilities
for rendering vehicle services such as lubrication, washing and minor
repairs.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 1-29-2018 by Ord.
No. 644]
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 does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas.
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, which is
intended to primarily reduce on-site consumption of utility power.
[Added 10-31-2011 by Ord. No. 603]
An accessory wind energy system that converts wind energy
into electricity through the use of a wind turbine generator. It includes
the nacelle, rotor, tower, and pad transformer, if any.
[Added 10-31-2011 by Ord. No. 603]
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 9-26-2022 by Ord.
No. 677]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "wireless accessory equipment" includes but is not limited to
utility or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 9-26-2022 by Ord.
No. 677]
An apparatus designed for the purpose of emitting radiofrequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to FCC authorization, for the provision of wireless service
and any commingled information services.
[Added 9-26-2022 by Ord.
No. 677]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 9-26-2022 by Ord.
No. 677]
Any person that applies for a wireless communications facility
construction permit, zoning approval and/or permission to use the
public rights-of-way or other municipal-owned land or private property.
[Added 9-26-2022 by Ord.
No. 677]
Any person that owns or operates a wireless communications
facility in the public rights-of-way or other municipal-owned land
or private property.
[Added 9-26-2022 by Ord.
No. 677]
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land, upon or to which wireless
communications facilities may be attached, if approved by the municipality.
[Added 1-29-2018 by Ord.
No. 644; amended 9-26-2022 by Ord. No. 677]
An open space, other than a court, unoccupied by a structure;
provided, however, that fences, walls, posts, trees, lawn furniture,
and other customary yard accessories are permitted in any yard subject
to the height limitations and requirements limiting obstruction of
visibility.
YARD, FRONTAn unoccupied space, open to the sky, between the front lot line (road right-of-way line) and the building line of the principal building closest to the front lot line.
YARD, REARAn unoccupied space, open to the sky, between the rear lot line and the building line of the principal building that is closest to the rear lot line.
YARD, REQUIRED FRONTAn unoccupied space, open to the sky, provided between the front lot line (road right-of-way line) and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.
YARD, REQUIRED REARAn unoccupied space, open to the sky, between the rear lot line and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any district, and extending for the full width of the lot.
YARD, REQUIRED SIDEAn unoccupied space, open to the sky, between the side lot line and a line drawn parallel thereto, at such distance therefrom as may be specified herein for any district, and extending the full depth of the lot.
YARD, SIDEAn unoccupied space, open to the sky, between the side lot line and the side building line of the principal building. In most cases, a lot has two side yards located on opposite sides of the principal building.
A portion of the Borough or adjacent municipality(s) within
which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter (or the adjacent
municipality's Zoning Ordinance).
The Zoning Hearing Board of and for Denver Borough.
The Zoning Map of Denver Borough adopted hereunder, together
with all amendments thereto subsequently adopted.
The agent(s) or official(s) designated by Denver Borough
to enforce the Zoning Ordinance of the Borough.
[1]
Editor's Note: The former definition of "communications tower,"
amended 1-29-2018 by Ord. No. 644, which immediately followed this
definition, was repealed 9-26-2022 by Ord. No. 677.
[2]
Editor's Note: The former definition of "height of a communications
tower," which immediately followed this definition, was repealed 9-26-2022
by Ord. No. 677.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
[4]
Editor's Note: The former definition of "small wireless facility,"
added 9-30-2019 by Ord. No. 657, which immediately followed this definition,
was repealed 9-26-2022 by Ord. No. 677.
