Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this article.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A.
Words used in the present tense imply the future tense.
B.
Words used in the singular imply the plural.
C.
The word "person" includes a partnership, corporation, or other legal
entity, as well as an individual.
D.
The words "shall," "required," or "must" are to be interpreted as
mandatory; the word "may" as directory and to be complied with unless
waived.
For the purposes of this chapter, the following words and phrases
have the meanings given herein:
A private minor vehicular right-of-way, other than a street, providing access from a street to a property or parking area within a lot. Access drives shall be required for all commercial, institutional (including but not limited to schools, hospitals, and religious institutions), and industrial uses and all multifamily dwellings. (See § 133-35.)
A second dwelling unit incorporated as an accessory use into
a single-family detached dwelling.
[Added 6-7-2016 by Ord.
No. 210-16]
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOKSTOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for viewing upon the premises pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape, digital media, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter, or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct or offers sexual devices for sale.
ADULT CABARETAn establishment, club, tavern, restaurant, theater, or hall that features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless of whether or not the same includes sexual conduct (does not apply to heath and fitness centers and/or licensed therapeutic massage).
ADULT THEATERA building, or a room within a building, used for presenting motion-picture film, videotape, digital media, or similar visual representations of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
One thousand pounds' live weight of livestock or poultry
animals, regardless of the actual number of individual animals comprising
the unit, as defined in the Nutrient Management Act, 3 Pa.C.S.A § 501
et seq.
Housing designed to be affordable for households with no
more than 80% of the median household income in York County, as determined
by the most recent data issued by the United States Census Bureau.
The Census median-income data shall be increased by a standard United
States government measurement of inflation to update the median income
to the present.
Agricultural, aquacultural, horticultural, viticultural,
and dairy products, livestock and the products thereof, ranch-raised
fur-bearing animals and the products thereof, the products of poultry
and bee raising, forestry products and any and all products raised
or produced on farms intended for human consumption and the processed
or manufactured products thereof intended for human consumption, transported
or intended to be transported in commerce.
The use of land for farming, dairying, pasturage, silviculture,
horticulture, floriculture, viticulture, or animal or poultry husbandry,
including the necessary accessory uses for packing, treating or storing
the produce and equipment or housing and feeding the animals; includes
land devoted to and meeting the requirements and qualifications for
payments or other compensation pursuant to a soil conservation program.
A minor right-of-way, privately or publicly owned, primarily
for vehicular access to the rear of properties.
As applied to a building or structure, any change in the
total area or an enlargement, whether by extending on a side or by
increasing in height.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders.
A change that includes revisions to the zoning text and/or
the Official Zoning Map.
A building used primarily for the treatment of small animals,
such as dogs, cats, rabbits, and birds.
A sign with action or motion, flashing, starbursts, simulated
explosions, or similar displays, or color changes requiring electrical
energy, but not including wind-actuated elements, such as flags, banners
or specialty items.
A dwelling unit for rent and/or lease that is intended to
be a separate use other than the principal use of the building.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors,
and assigns.
A self-propelled motor vehicle designed for the conveyance
of persons or property, requiring a registration plate by the Commonwealth
of Pennsylvania for operation upon public highways, including trucks,
motor homes, and motorcycles. (See "recreational vehicle.")
A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers, and/or accessories of
automobiles and other vehicles for conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks, and similar motor vehicles.
An open lot for the outdoor display of new or used automobiles,
recreational vehicles, or trailers accessory to an automobile, recreational
vehicle or trailer sales, or a display building.
A building for the display or sale of new or used automobiles,
recreational vehicles, or trailers.
A building designed and used primarily for the washing and
polishing of automobiles and that may provide accessory services related
to washing and polishing.
The dismantling or wrecking of used automobiles or trailers
or the storage, sale, or dumping of dismantled, partially dismantled,
obsolete, or wrecked vehicles or their parts.
That portion of a building partly underground, but having
1/2 or more of its height above the average level of the adjoining
ground. A basement shall be considered as a story in determining compliance
with building height restrictions.
A single-family residence or portion thereof containing not
more than five guest rooms where rent is paid in money, goods, labor,
or otherwise.
Any structure on a lot, having a roof supported by columns
or walls, and intended for the shelter, housing, or enclosure of persons,
animals, mechanical devices, or property, and including covered porches
and bay windows. (See "structure.")
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the principal building. However, for the purpose of establishing setbacks, any accessory building larger than 150 square feet shall comply with principal structure setback requirements.
ATTACHED BUILDINGA building that has two or more party walls in common.
DETACHED BUILDINGA building that has no party wall.
PRINCIPAL BUILDINGA building in which the principal use for that lot is conducted.
SEMIDETACHED BUILDINGA building that has only one party wall in common.
The total area within the outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings.
The total overall height in feet of a building, measured
from the average grade level to the highest point of the roof.
The relationship between the mass of a building and its surroundings,
including the width of streets, open space, and mass of surrounding
buildings. Mass is determined by the three-dimensional bulk of a structure:
height, width, and depth.
A CAO with greater than 300 AEUs, any agricultural operation
with greater than 1,000 AEUs, or any agricultural operation defined
as a large CAFO under 40 CFR 122.23 (relating to concentrated animal
feeding operations).
A lot, tract, or parcel of land upon which two or more campsites
are located, intended for occupation by transients in tents or recreational
vehicles with sleeping quarters.
A plot of ground within a campground intended for temporary
occupation by a tent or recreational vehicle with sleeping quarters.
Agricultural operations where the animal density exceeds
two AEUs per acre on an annualized basis.
Establishments that provide food, shelter, personal assistance,
supervision, and/or medical or other health-related services for individuals
not in need of hospitalization but who, because of age, illness, disease,
injury, convalescence, or physical or mental infirmity, need such
care.
ADULT DAY-CARE CENTERAny premises where care is provided to four or more elderly or disabled adults for part of a twenty-four-hour day, excluding care provided by relatives. Such care includes personal assistance, the development of skills for daily living, and the provision of social contact.
CHILD DAY-CARE CENTERA facility licensed by the state that provides a wide range of formal day-care services for remuneration to seven or more children who are supervised by a qualified staff. The child-care areas in a day-care center shall not be used as a family residence.
CONVALESCENT OR NURSING HOMEA licensed establishment that provides full-time residential, intermediate, or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, cannot care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.
DOMICILIARY CARE HOMEAn existing building or structure designed as a dwelling unit for one family that provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and older who are disabled physically, mentally, or emotionally or who are aged persons.
FAMILY DAY-CARE HOMEA facility, located in a single-family residence, which provides supervised care for remuneration to not more than six children who are not relatives of the caregiver.
GROUP DAY-CARE HOMEA facility, located in a single-family residence, which provides supervised care for remuneration to more than six but fewer than 12 children who are not relatives of the caregiver.
GROUP HOMEA type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. A group home shall be directly affiliated with a parent institution that provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff, and for supervision of residents by full-time resident staff.
PERSONAL CARE BOARDING HOMEA type of group quarters, specifically, a premises in which food, shelter, and personal assistance or supervision are provided, on the basis of a state or federal license, for a period exceeding 24 consecutive hours, for at least four persons who are over the age of 18, are not relatives of the operator, and who are aged, blind, disabled, infirm, or dependent but do not require skilled or intermediate nursing care.
The paved portion of a highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder;
also referred to as a "travelway" or "roadway."
That portion of a building wholly or partly underground and
having more than 1/2 of its height below the average level of the
adjoining ground. A cellar shall not be considered in determining
the required number of stories or building height.
The certificate issued by the Zoning Officer that permits
the use of a building in accordance with the approved plans and specifications
and that certifies compliance with the provisions of law for the use
and occupancy of the land and structure in its several parts, together
with any special stipulations or conditions of the building permit.
A building used by an association of persons for some common
nonprofit activity (not including groups organized primarily to render
a service that is customarily carried on as a business).
An agricultural use involving the commercial housing, feeding,
watering, or running of livestock or poultry in the form of CAFOs
and CAOs, as defined herein.
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment. This use shall
not include adult-oriented uses.
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, including
squares, greens, neighborhood parks, public parks, playgrounds, tot
lots, linear environmental corridors, and similar areas, not including
streets, off-street parking areas, stormwater facilities, and areas
set aside for public facilities.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, or commercial mobile radio
service, or any other wireless communications signals, existing or
hereinafter developed, including, without limitation, omnidirectional
or whip antennas and directional or panel antennas, that is owned,
leased, licensed or operated by any person or entity. This definition
shall not include satellite dishes or television antennas or amateur
radio equipment, including, without limitation, ham or citizens' band
radio antennas, mounted on private residences.
An unmanned building or cabinet, whether existing or proposed,
containing communications equipment required for operating communications
antennas and covering an area on or under the ground not greater than
250 square feet.
A structure other than a building, including, without limitation,
monopole, self-supporting, or guyed towers, designed and used to support
one or more communications antennas.
A central sewage disposal system that serves a given area
and is not publicly owned. Minimum lot area and lot width requirements
for uses served by a public sewer system shall also apply to uses
served by a community sewer system.
A central water supply system that serves a given area and
is not publicly owned. The minimum lot area and lot width requirements
for uses served by a public water system shall also apply to uses
served by a community water system.
A type of ownership arrangement, not a land use, wherein
parts of a building typically are owned separately by persons and
other parts, such as halls, stairs, and recreation areas, are owned
jointly by such persons. A condominium may be residential, commercial,
or industrial in nature.
An office or shop for tradesmen, such as building, cement,
electrical, masonry, painting, and roofing contractors.
A use that primarily sells routine household goods, groceries
and prepared ready-to-eat foods to the general public, but that is
not primarily a restaurant, and that includes a building with a floor
area of less than 8,000 square feet. A convenience store shall not
have drive-through service.
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.
A commercial establishment, including a drive-in eating establishment,
primarily offering stand-up counter, vending machine, window, or in-car
service.
An improved surface for vehicular travel that provides access between a street and a lot. For the purposes of this chapter, drives for all residential uses (except multifamily) and all agricultural uses shall be considered driveways. (See § 133-34.)
See "solid waste storage containers."
A building or structure designed for living quarters for
one or more families, including mobile homes, not including hotels,
rooming houses, convalescent homes, or other accommodations used for
transient occupancy.
MULTIFAMILY DWELLINGA building containing three or more dwelling units (such as apartment houses and garden apartments). All dwelling units are located on a single lot and share with other units a common yard area.
SINGLE-FAMILY ATTACHED DWELLINGA portion of a building containing one dwelling unit and having two party walls in common with other dwelling units (such as row houses or townhouses). Each dwelling unit is located on a single lot. End units that have one party wall in common are included and are subject to the lot area requirements for other single-family attached units but must meet setback requirements on the open side.
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit and having two side yards.
SINGLE-FAMILY SEMIDETACHED DWELLINGA portion of a building containing one dwelling unit, having one side yard, and one party wall in common with another dwelling unit. Each dwelling unit is located on a single lot.
TWO-FAMILY DWELLINGA building containing two dwelling units, having two side yards, and one partition in common between the two units. Both dwelling units are located on the same lot.
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities, arranged for occupancy
by one family.
A limited right of use granted on private land for public
or private use by another party or parties, or a protective condition,
as in the case of drainage easements, for protection and/or preservation
of a specified area.
A covered area where one wall of the structure is formed
by the house and at least one wall is a window or screen that allows
views of the outside but keeps out insects and possibly the weather.
An enclosed porch can be at the rear or front or wrapped around the
sides of the house.
One or more persons who live in one dwelling unit and maintain
a common household; may consist of a single person or two or more
persons, whether or not related by blood, marriage, or adoption; may
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodging, or boardinghouse.
A parcel of land used for agriculture, including necessary
farm structures within the prescribed limits, which may include a
single-family dwelling, and the storage of equipment customarily incidental
to the principal use. For the purposes of this chapter, a farm shall
not include a kennel.
An accessory use to agriculture where the display and sale
of agricultural commodities is conducted.
The act of cutting a standing tree so that it falls to the
ground.
Any combination of materials creating an enclosure or barrier
to prevent intrusion from outside or straying from within. The height
of all fences and walls or portions thereof shall be measured from
grade level.
A commercial savings and loan, credit union, or banking establishment
that provides office space for financial assistance and/or protective
savings and investment services.
A relatively flat or low land area adjoining a stream, river, or watercourse that is subject to partial or complete inundation; or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source. (See § 133-17.)
Any combination of structural and nonstructural additions, changes, or adjustments to properties and structures that reduces or eliminates flood damage to lands, water and sanitary facilities, structures, and contents of buildings. (See § 133-17.)
The channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of a given magnitude. (See § 133-17.)
The sum of the horizontal areas of all rooms used for habitation,
such as living room, dining room, kitchen, bathroom, or bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, closets, or unheated areas such as enclosed porches.
Earth-sheltered dwellings, designed as such, shall include the aggregate
of area used for habitation as defined above, whether or not all or
a portion of such a dwelling is below ground level.
The sum of the gross horizontal areas of the several floors
of a building, excluding cellar, basement, and attic floor areas not
devoted to the principal use, but including the area of roofed porches
and roofed terraces. All dimensions shall be measured between exterior
faces of walls.
A unit of incident light quantity stated in lumens per square
foot and measurable with an illumination meter, such as a footcandle
meter or light meter.
The management of forests and timberlands, when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, that does not involve any land development.
A use that prepares the remains of deceased humans for burial
and cremation. This use may also conduct funeral services.
A use primarily involving horticulture, which includes the
sale of plants grown on the premises and related goods and materials,
as well as the storage of equipment customarily incidental and accessory
to the principal use.
See "care facilities."
Any dwelling or portion thereof designed or used for at least
three persons unrelated to each other or for any family occupying
the dwelling unit and having common eating facilities. Group quarters
include but are not limited to lodging houses or boardinghouses, fraternity
and sorority houses and dormitories, and other quarters of an institutional
nature. Such quarters must be associated with a religious, educational,
charitable or philanthropic institution.
A room intended, arranged, or designed to be occupied or
which is occupied by one or more guests but in which no provision
is made for cooking. Residential noncommercial guest rooms shall be
within or attached to the principal residence and shall be a part
of the residential utility (sewer and electric) service line.
A dwelling for the transitional, institutional supervision
of individuals who have violated the law and are sent to a halfway
house upon release from, or instead of being sent to, a penal institution
or juvenile detention center.
An establishment that contains various equipment for the
purpose of physical exercise, offers participatory classes in aerobics
or similar activities, may offer therapeutic massage by licensed therapists,
and may contain a sauna or tanning facilities. For a fee, a visitor
can use the equipment or services and participate in the courses at
the health and fitness center.
The storage of goods, material, equipment, and/or large vehicles
(including but not limited to trucks and buses). Such storage includes
warehousing and wholesale establishments and the exterior storage
of the types of vehicles described above.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower. In the case of a tower mounted on a slope, height shall
be measured from the lowest point where the tower contacts the slope
to the highest point on the tower.
A special type of accessory use, specifically an occupation
or profession that:
Is carried on only in a dwelling unit, except in the AP or RC
Zone;
Is carried on by a member of the family residing in the dwelling
unit;
Is clearly incidental and secondary to the principal use of
a property; and
Sells items in conjunction with the home occupation that are
those only produced on site or items incidental to the home occupation.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care.
A building in which guest rooms are provided for occupancy,
with or without meals, for compensation, by transient or semipermanent
guests, or both, and in which no provision is made for cooking in
any individual room or suite.
Paved surfaces that do not absorb precipitation. Areas including
but not limited to parking areas, driveways, roads, sidewalks, patios
and any similar areas of concrete, brick or asphalt shall be considered
impervious surfaces. In addition, all buildings and structures shall
be considered as impervious surfaces for computations of lot coverage.
The manufacturing, processing and/or assembly of materials,
including but not limited to the following: printing and publishing,
electronic components industries, tool and die making, molding plastics,
bottling operations, food processing, furniture making, metal fabrication,
and textiles.
A parcel or parcels of land:
Organized and laid out in accordance with an overall plan for
a community of industries, heavy storage facilities and/or office
complexes, on separate building sites and/or separate lots arranged
on streets with utility services; and
Designed to ensure compatibility between the industrial operations
in the park and the surrounding area through such devices as landscaping,
setbacks, and use requirements.
Any lot, land, or structure, or part thereof, used primarily for the collection, storage, and/or sale of scrap metal or discarded material, or for the collecting, dismantling, storage, and salvaging of machinery, equipment, junked or inoperable motor vehicles, and/or for the sale of parts thereof. For all such uses, issuance of an annual license shall be required according to the provisions of Chapter 76, Junkyards.
Any commercial building or buildings and/or land used for
the sheltering, boarding, breeding, or training of dogs, cats, fowl,
or other small domestic animals at least six months of age that are
kept or bred for profit, but not to include the keeping of livestock
for agricultural purposes. A kennel operation may include accessory
uses such as animal grooming.
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 the following:
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.
The following activities are excluded from the definition of
land development only when such land development involves the following:
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 residential or 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 that would be considered an amusement park.
For 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 lease to exercise the rights of the landowner, or
other person having a proprietary interest in land.
A CAFO that stables or confines as many as or more than the
numbers of animals specified in any of the following categories:
Seven hundred mature dairy cows, whether milked or dry.
One thousand veal calves.
One thousand cattle other than mature dairy cows or veal calves.
Cattle includes but is not limited to heifers, steers, bulls and cow/calf
pairs.
Two thousand five hundred swine, each weighing 55 pounds or
more.
Ten thousand swine, each weighing less than 55 pounds.
Five hundred horses.
Ten thousand sheep or lambs.
Fifty-five thousand turkeys.
Thirty thousand laying hens or broilers, if the AFO uses a liquid
manure handling system.
One hundred twenty-five thousand chickens (other than laying
hens), if the AFO uses other than a liquid manure handling system.
Eighty-two thousand laying hens, if the AFO uses other than
a liquid manure handling system.
Thirty thousand ducks (if the AFO uses other than a liquid manure
handling system).
Five thousand ducks (if the AFO uses a liquid manure handling
system).
Any domestic animals, such as cattle, donkeys, horses, mules,
burros, sheep, hogs, goats, or poultry, maintained for agricultural
use, commercial purposes, or as pets. Livestock shall include the
raising of fur-bearing animals and fish farming.
A combination of a dwelling unit and business space, such
as an artisan shop or office, that is open to the public for retail
trade or personal or professional services. Work activities are conducted
by one or more occupants of the dwelling unit, and the dwelling unit
is their principal residence.
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.
CORNER LOTA lot located at the intersection of, and fronting on, two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages.
DOUBLE-FRONTAGE LOTA lot extending between and having frontage on two streets. The front setback requirements of the zone in which the lot is located shall apply to both street frontages.
INTERIOR LOTA lot having frontage on one street, adjoined on the sides and rear by other lots.
REVERSE-FRONTAGE LOTA lot extending between and having frontage on a minor street and either an arterial or collector street, with vehicular access solely from the minor street. The front setback regulations of the zone in which the lot is located shall apply to both street frontages.
TRIPLE-FRONTAGE LOTA lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to each street frontage.
The area contained within the property lines of an individual
parcel of land, excluding any area within a street right-of-way, but
including the area of any easement. If a lot is traversed by a street
right-of-way, whether existing or proposed, any principal building
on said lot shall be located on a portion of that lot, which area,
in and of itself, contains the minimum lot area required by this chapter.
That area of a lot represented by a percentage that, when
its decimal equivalent is multiplied by the total lot area, will determine
the maximum area permitted to be covered by impervious surfaces. (See
"impervious surfaces.")
The lines bounding a lot as described in the recorded title;
also referred to as "property lines."
The required continuous distance between the side property
lines (or in the case of corner lots, between a front and side property
line), measured along a single street right-of-way line. If a lot
is traversed by a street right-of-way, whether existing or proposed,
any principal building on said lot shall be located on a portion of
that lot that contains the minimum lot width required by this chapter.
A street or highway designated in the Comprehensive Plan
as an existing or planned rural principal arterial, rural minor arterial,
or minor collector street.
Any building or group of buildings occupied by medical practitioners
and related services for providing health services to persons on an
outpatient basis.
A commercial rental facility of two or more units, providing
for the enclosed storage of household items, recreational vehicles,
and/or equipment, and/or classic or antique automobiles, where said
items are retained for direct use by their owner, who shall have direct
access thereto without intermediate handling by the proprietor of
the facility. Mini-storage units shall not be used as offices or shops
and shall not house any items or operations other than dead storage
as specified above. No volatile or hazardous materials shall be stored
in such facilities.
A two- or three-story building that houses nonresidential
uses, including retail shops and offices, on the ground floor. Uses
within the upper floors include multifamily units and/or professional
offices.
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 that has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
An open lot for the outdoor display of new or used mobile
homes.
A group of attached or detached buildings, containing sleeping
rooms or living units with accessory facilities, designed for temporary
use by automobile tourists or transients, including auto courts, motor
lodges, and similar establishments.
A multifamily or two-family dwelling constructed by converting
an existing building into dwelling units for more than one family,
without substantially altering the exterior of the building. Such
conversions shall be subject to review and permitting procedure by
the Township Planning Commission, Board of Supervisors, Sewage Enforcement
Officer, and the Pennsylvania Department of Environmental Protection,
where applicable.
Surface excavation for the purposes of removal and sale of
topsoil, sand, gravel, clay, shale, limestone, or other natural substances.
The term "natural extraction industries" shall not include underground
mining.
Retail establishments that supply area residents with their
day-to-day consumer purchases. Such businesses typically occupy buildings
of 8,000 square feet or less.
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use as a residential
dwelling and that 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 use, structure, lot, or dimension in conflict with the
regulations of this chapter, (1) existing on the effective date of
this chapter, or (2) existing at any subsequent amendment of this
chapter, or (3) created by variance. Specifically, the following types
of nonconformities are distinguished:
NONCONFORMING LOTA 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.
NONCONFORMING STRUCTUREA structure or part of a structure not designed to comply with the applicable use or dimensional provisions in this chapter or any 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.
NONCONFORMING USEA use, whether of land or of a structure, that does not comply with the applicable use provisions in this chapter or any 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.
An educational, religious, or charitable use that qualifies
as nonprofit under Section 501-C of the Internal Revenue Service Code.
A school that provides instruction and child-care services
at a pre-kindergarten level.
A business that provides stalls, booths, or selling spaces
for short-term rental to individuals involved in the retail sales
of used or new merchandise, antiques, art and craft items, and collectibles.
Resale of merchandise is allowable but not as a branch or outlet of
a business with another location elsewhere outside the flea market.
Junk sales, weapons sales, used automobile sales, thrift shops, and
consignment shops are specifically excluded from this definition
That area of a lot represented by a percentage which, when
its decimal equivalent is multiplied by the total lot area, will determine
the required area of a lot that must not contain any impervious surface
area. Such area shall be naturally landscaped and shall be devoid
of buildings, structures, and paving. (See "impervious surfaces.")
A use of open land, operated as a business for profit, including
facilities for leisure-time activities, such as a swimming pool, tennis
court, ski resort (including snowboard and snowtube), skateboard park,
ATV track, or golf course.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land shall be considered contiguous
even though separated by public or private roads.
A building where automobiles may be stored for short-term,
daily, or overnight off-street parking.
An open lot where automobiles may be stored for short-term,
daily, or overnight off-street parking.
An off-street space available for the parking of one automobile
and having direct usable access to a street, access drive, or driveway.
Any land, including buildings and structures, that is used
for active or passive recreation that is of a noncommercial and nonprofit
nature. Such uses would include but not be limited to athletic fields
and courts, biking and hiking trails, children's playgrounds, and
picnic areas. Examples of uses not included would be outdoor sports
clubs, golf courses, and similar facilities which are not public and
involve a commercial rate for use or membership fees in lieu of such
rates.
Shall include barber- and beauty shops; self-service laundry
and dry-cleaning establishments; laundromats; radio and television
repair; repair shops for home appliances, tools, bicycles, guns, locks,
shoes, and watches; tailor and dressmaking shops; or any other establishment
of a similar nature providing personalized service to customers.
A map, plan, or layout showing the subdivision of land or
land development and indicating the location and boundaries of individual
properties.
Not publicly owned, operated, or controlled.
An office that generally operates on an appointment basis.
Business offices shall include advertising agencies, opticians' offices,
personnel agencies, and travel and ticket agencies. Professional offices
shall include offices of accountants, actuaries, architects, attorneys,
clergy, computer consultants and technicians, dentists, designers,
engineers, insurance and bonding agents, manufacturing representatives,
physicians, real estate agents, teachers, various testing services
(including water sampling and testing), and miscellaneous consulting
services. Also included are offices of a governmental agency, social
service organization, District Justice or Justice of the Peace, notary,
public or private utility, or political organization, or an office
of a bank, savings and loan association, credit or loan company, collection
agency, or stock and bond broker.
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created pursuant to law for
the performance of certain specialized governmental functions).
[Amended 6-7-2016 by Ord.
No. 210-16]
A sewage disposal system that is owned and operated by a
local government authority or by a local public utility company controlled
by a government authority.
Any building or service structure owned or otherwise controlled
by a utility, which utility is governed by the Pennsylvania Public
Utility Commission.
A water supply system that is owned and operated by a local
government authority or by a local public utility company controlled
by a government authority.
Any portable or mobile vehicle used or designed to be used
for travel, recreation, and/or temporary living purposes and with
its wheels, rollers or skids in place. A recreational vehicle shall
include a trailer, house trailer, camper, snowmobile, golf cart, all-terrain
vehicle, trail bike, boat, boat trailer, airplane, or similar vehicle.
A privately owned and operated pay-to-hunt area regulated
and permitted under the requirements of Title 34 of the Pennsylvania
Game and Wildlife Code. Such establishments may be operated as a private
(by membership only) club or as a commercial enterprise open to the
general public.
An establishment in which the principal use involves testing
and/or research. Such use may involve but is not necessarily limited
to metallurgical, chemical, electronic, or biological research, testing,
and development activities.
A public eating place primarily offering sit-down counter
or table service and custom-prepared foods for on-premises consumption.
An accessory use to a commercial restaurant where the customer
receives food or beverage through a drive-up window without the need
for the customer to leave his or her vehicle.
A commercial establishment where a limited selection of food
or beverage is sold either for consumption on the premises or as a
take-out service. Food preparation is designed for immediate service
to customers, and food is normally prepared in advance to facilitate
this type of fast service.
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio, television and sound equipment,
sporting and camping goods, stationery, tobacco, toys, and wearing
apparel. The wholesale distribution or manufacture of the foregoing
products is not included herein and is permitted only as provided
in other appropriate sections of this chapter. Among the uses not
to be interpreted as retail stores or businesses are uses specifically
provided for elsewhere in this chapter, including but not limited
to service stations, vehicular sales and rental, restaurants, taverns,
hotels and motels, funeral homes, contractors offices, building material
sales, and adult-oriented facilities.
A legal right of passage across land occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
shade trees, or for another special use. If the right-of-way involves
maintenance by a public agency, it shall be dedicated to public use
by the maker of the plat on which such right-of-way is established.
A building or a portion thereof, other than a hotel, containing
not more than one dwelling unit, where lodging is provided with or
without meals for compensation.
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership, or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
A school conducted for profit for such special instruction
as business, art, music, trades, handicraft, or dancing.
A vegetative material, the purpose of which is to conceal
from the view of property owners in adjoining zones, or on adjoining
lots, the structures and uses on the premises on which the screen
planting is located.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sales of motor vehicle
accessories at retail only, but not including major repairing, body
and fender work, painting, vehicular sales or rental, or automatic
car washes.
The required horizontal distance between a structure and
a property or street line.
FRONT SETBACKThe required distance between the street right-of-way line (regardless whether the same is also a front, side, or rear lot line) and the front setback line, projected the full width of the lot.
REAR SETBACKThe required distance between the rear lot line, unless such line is also a street line, and the rear setback line, projected the full width of the lot.
SIDE SETBACKThe required distance between the side lot line, unless such line is also a street line, and the side setback line, projected from the front setback line to the opposite setback line. However, in the case of corner lots, the second side setback shall be the required distance between the rear lot line and the side setback line projected from the side lot line to the opposite front setback line.
A line within a property and parallel to a property or street
line that delimits the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
Sexual acts, normal or perverted, actual or simulated, involving
a person or persons, or a person or persons and an animal, including
acts of masturbation, sexual intercourse, fellatio, cunnilingus, analingus,
or physical contact with a person's nude or partially denuded genitals,
pubic area, perineum, anal region, or, if such person be female, a
breast.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernibly turgid state; or the postpubertal,
full or partially developed human female breast with less than opaque
covering of a portion thereof below the top of the areola or nipple.
A group of two or more retail stores or shops planned and
designed to function as a unit for the site on which it is located,
with off-street parking and landscaping provided as an integral part
of the unit.
Any surface, fabric, device, or structure (including billboards
or poster panels) bearing lettered, pictorial, or sculptured matter
designed for visual communication and used for the purpose of bringing
the subject thereof to the attention of public, but not including
lettering or symbols that are an integral part of another structure
or any flag, badge, or other insignia of any government or government
agency or of any civic, charitable, religious, fraternal, or similar
organization.
ADVERTISING SIGNA sign whose major purpose is for directing attention to a business commodity, service, or entertainment that is conducted, sold, or offered elsewhere than upon the same lot, such as billboards.
ANIMATED SIGNA sign with action or motion, flashing, starbursts, simulated explosions, or similar displays or color changes requiring electrical energy, but not including wind-actuated elements such as flags, banners, or specialty items.
BANNERA temporary sign consisting of lightweight, flexible material, which is supported by a frame, rope, wires or other anchoring devices, and may or may not include copy, a logo, or graphic symbols.
BEACONAny source of electric light, whether portable or fixed, the primary purpose of which is to cast a concentrated beam of light generally skyward as a means of attracting attention to its location rather than to illuminate any particular sign, structure, or other object.
BUSINESS SIGNA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
DIRECTIONAL SIGNA sign that directs people to a community, an event of public interest, public uses and buildings, uses and buildings of service and charitable organizations, and uses and buildings of a commercial nature, and containing no advertising matter other than an identifying name or symbol.
FREESTANDING SIGNA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
PARALLEL SIGNA sign attached, painted, or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
PERMANENT SIGNA sign permanently attached or applied to a building or structure or permanently anchored into the ground and that cannot easily be moved. Permanent signs may have either permanent or replaceable lettering.
PORTABLE SIGNA temporary sign, with or without changeable lettering, illuminated or unilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground. Such signs are often referred to as "mobile signs."
PROJECTING SIGNA sign that is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.
ROOF SIGNAny sign erected and constructed wholly on and over the roof of a building, supported by the roof structure, and/or extending vertically above the highest portion of the roof.
TEMPORARY SIGNA sign that is anchored to the ground or attached to a building or structure with weights, cables, pins, braces, or stakes and that can easily be moved. Temporary signs are displayed for a limited period of time.
VEHICULAR SIGNAny vehicle used as a sign or vehicle to which a sign is affixed in such a manner that the carrying of the sign is used primarily as stationary advertisement for the business or another business on which the vehicle sits or is otherwise not incidental to the vehicle's primary purpose.
In instances where a sign may serve two or more purposes, for
example, directional and advertising, the most-restrictive regulations
shall apply.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
Garbage, refuse, and other discarded materials, including
but not limited to solid and liquid waste materials resulting from
municipal, industrial, commercial, agricultural and residential activities.
Such wastes shall not include biological excrements or hazardous waste
materials, as defined in the Municipal Waste Planning, Recycling,
and Waste Reduction Act, Act 101 of 1988, and 25 Pa. Code Chapter
273, as amended, supplemented, or revised.
Large receptacles, such as dumpsters, that are used as the
central collection point for the temporary storage of solid waste.
An establishment where horses are kept for riding or driving
or where they are stabled for compensation or incidental to the operation
of any club, association, ranch, or similar establishment.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it
or, if there is no floor above it, then the space between any floor
and the ceiling next above it.
HALF STORYA story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.
A public or private way, excluding driveways, alleys, and
access drives, that affords the principal means of access to abutting
properties, intended to be used by vehicular traffic or pedestrians;
includes street, avenue, boulevard, road, highway, freeway, lane,
viaduct, and any other dedicated and accepted public right-of-way
or private right-of-way.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be the street grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots; commonly known as the "street
right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Unless
noted otherwise, the following structures are excluded from the definition
of "structure" for the regulatory purposes of this chapter: patios,
alleys, access drives, driveways, walkways, parking areas, and other
similar at-grade structures.
ACCESSORY STRUCTUREA subordinate structure on a lot, the use of which is customarily incidental to that of the principal structure.
PRINCIPAL STRUCTUREA structure that is directly involved in the principal use of the lot on which said structure is located.
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, transfer of ownership,
or building or lot development; provided, however, that the division
of land for agricultural purposes of more than 10 acres not involving
any new street or easement of access or any residential dwelling shall
be exempted.
MAJOR SUBDIVISIONA subdivision involving six or more lots or a land subdivision involving five lots or less and requiring new streets or other public improvements.
MINOR SUBDIVISIONA subdivision involving five lots or less and involving no new streets or other public improvements, except curbs and street-widening required along an existing street.
Any outdoor pool or open tank containing, or normally capable
of containing, water to a depth at any point greater than 1 1/2 feet.
Ponds, lakes, livestock watering tanks, decorative fountains and fishponds,
and detention basins are not included, provided that swimming was
not the primary purpose for their construction.
An establishment that serves primarily alcoholic beverages
for mostly on-premises consumption and that is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
Containment of personal belongings for a period of not more
than seven days prior to the moving of the materials.
An area of land that may comprise the entire area or a subpart
of a parcel. Individual "tracts" within a parcel of land that are
not separately deeded shall not constitute separate lots for the purpose
of construction, permitting, or for the purposes of this chapter.
Such tracts contained within a parcel shall be considered descriptive
only.
A compact, mixed-use neighborhood where residential, commercial
and civic buildings are within close proximity to each other.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size, and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square, or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and which are appropriately designed to serve the needs of pedestrians
and vehicles equally.
Any garbage, debris, material, equipment, and/or apparatus
that has been discarded or is no longer functional.
A building or facility utilized for transferring cargo and
materials, including auxiliary uses such as storage of trailers, maintenance
of trucks, and dispensing of fuel.
An operation whereby minerals are extracted from beneath
the surface by means of shafts, tunnels, adits, or other mine openings,
including underground construction, operation and reclamation of mine
openings; underground mining, hauling, pumping, and blasting; in situ
processing; and other subsurface activities in connection with the
mine.
An uncovered area or walkway formed adjacent to a house with
one of its edges being formed by the house.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied, or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with the principal use or building.
PRINCIPAL USEThe main or primary use of property, buildings or structures. Unless specifically noted otherwise, only one use permitted by right, or by special exception, shall be permitted as a principal use on an individual lot. For example, one single- family dwelling, one commercial establishment, or one industrial firm shall be permitted on an individual lot. Complexes listed as permitted uses, such as a shopping center, shall be limited to one such complex per lot.
A small nonrental building designed primarily for storage
of yard and garden equipment and miscellaneous household items, incidental
to a dwelling and customarily made of prefabricated materials, purchased,
assembled, or erected, and used exclusively by the property owner.
However, for the purpose of establishing setbacks, any utility shed
larger than 150 square feet shall comply with principal structure
setback requirements.
The permission, granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of the zoning provisions
of this chapter that, if strictly adhered to, would result in an unnecessary
hardship, and where the permission granted would not be contrary to
the public interest and would maintain the spirit and intent of the
chapter.
A structure used for storage and eventual distribution only
of equipment and/or merchandise.
A business devoted to the sale of commodities in quantity,
chiefly to retailers, other merchants or industrial, institutional,
and commercial users mainly for resale or business use.
A publicly or privately owned natural area established and/or
maintained as a protective habitat for plants and animals.
A prescribed open area on a lot, unobstructed from the ground upward, except as modified in Article IV of this chapter.
FRONT YARDAn area bounded by the street right-of-way line(s), front wall of the principal building, and side lot line(s).
REAR YARDAn area bounded by the rear lot line (and street right-of-way line in the case of double-frontage, reverse-frontage, or triple-frontage lots), rear wall of the principal building, and side lot lines.
SIDE YARDAn area bounded by a side lot line and the front, rear, and/or side walls of the principal building.
