Specific Definitions.
ACCESSORY BUILDING
A building detached from and subordinate to the main building
on the same lot and used for purposes customarily incidental to the
main building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use of the lot or building and located on the same lot with such principal
use of the lot or building.
ADAPTIVE REUSE
The development of a new use for an older building or for
a building originally designed for a specific purpose which it no
longer serves.
ADULT BOOKSTORE
A use with a significant portion of the market value of or
total number of items for sale or rent being books, films, magazines,
videotapes, coin- or token-operated films, novelties, items, paraphernalia
or other periodicals which are distinguished or characterized by a
clear emphasis on matter depicting, describing or relating to uncovered
male or female genitals or specified sexual activities (see definition).
This shall include but not be limited to materials that would be illegal
to sell to persons under age 18 under state law.
ADULT DAY-CARE CENTER
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or are not in good physical health,
are suffering from Alzheimer's disease, are developmentally disabled
and/or are physically handicapped, and who need such daily assistance
because of such condition. This use shall not include persons who
need oversight because of behavior that is criminal or violent to
others. This use may involve occasional overnight stays but shall
not primarily be a residential use. The use shall involve typical
stays of less than a total of 60 hours per week per person.
ADULT LIVE ENTERTAINMENT USE OR FACILITY
A use including live entertainment involving persons (which
may include but is not limited to waiters, waitresses, dancers, clerks,
bartenders, contractors or others) displaying uncovered male or female
genitals or nude or nearly nude female breasts (including but not
limited to the wearing of only pasties) or engaging in simulated or
actual specified sexual activities related to some form of monetary
compensation paid to a person, company or organization operating the
use or to persons involved in such activity.
ADULT MOVIE THEATER
A use involving the presentation, typically to three or more
persons at one time, of motion pictures, videotapes or similarly reproduced
images distinguished or characterized by an emphasis on depiction
of specified sexual activities for observation by patrons therein
and that is related to some form of monetary compensation by the persons
viewing such matter. A theater that only shows such films or videotapes
for a maximum of 14 days in any calendar year shall not be considered
an adult movie theater.
ADULT USE
Includes only the following: adult bookstore, adult movie
theater, massage parlor or adult live entertainment use.
AFTER-HOURS CLUB
A commercial use or membership club that permits the consumption
of alcohol and is routinely open between the hours of 2:00 a.m. to
4:00 a.m., in addition to any other hours. See State Act 219 of 1990,
which generally prohibits this use.
ALLEY
A minor public or private right-of-way providing a secondary
means of access to abutting properties.
ALTERATION
As applied to any building, structure or sign, any change,
rearrangement or relocation in the structural parts.
AMUSEMENT ARCADE
An indoor commercial use with four or more electronic machines
for amusement or entertainment, with such machines activated by the
use of tokens or coins.
ANTENNA, PRIVATE
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting electronic signals or short-wave
or citizens' band radio frequencies and which is not a commercial
communications tower and other than a satellite antenna. This includes
any accessory supporting structures.
APARTMENT (CONVERSION)
A dwelling created by converting an existing building into
a dwelling for one or more families.
APARTMENT HOUSE
A building designed and used exclusively as a residence for
three or more families living independently of each other.
APPLICANT
The person(s), company, partnership, profit or nonprofit
corporation, trust or other entity responsible for a particular application
for an approval or permit under this chapter, and his/her heirs, successors
and assigns.
AREA (BUILDING)
The total area, taken on a horizontal plane, at the grade
level of a building, exclusive of uncovered porches, terraces and
steps.
AUDITORIUM, COMMERCIAL
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not a use that meets the definition of a movie theater, adult
live entertainment use or standard or fast-food restaurant.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of two or more of the following
in operable condition: motor vehicles, recreation vehicles, boat trailers,
farm machinery, motorcycles, trucks, utility trailers, construction
vehicles or boats, or transportable mobile/manufactured homes in a
livable condition. This use may include an auto repair garage as an
accessory use, provided that all requirements of such use are complied
with. This use shall not include a mobile/manufactured home park or
a junkyard.
AUTO REPAIR GARAGE
A building and/or land where repairs, improvements and installation
of parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include but not be limited to any use that involves any of the
following work: major mechanical or body work, straightening of body
parts, painting, welding or rebuilding of transmissions. Any use permitted
as part of a auto service station is also permitted as part of an
auto repair garage. This use shall not include a use meeting the definition
of a "truck stop."
AUTO SERVICE STATION
A building and/or land where gasoline is sold, and where
no repairs are conducted, except work that may be conducted that is
closely similar in character to the following: sale and installation
of oil, lubricants, batteries and belts and similar accessories and
safety and emission inspections. This use may include the sale of
ready-to-eat food for consumption off the lot and of common household
products as a clearly accessory use. An accessory use providing only
motor fuel to vehicles operated by that business shall not be considered
to be an auto service station. This use shall not include a use meeting
the definition of a "truck stop."
BED-AND-BREAKFAST USE
The use of a single-family detached dwelling and/or accessory
structure which includes the rental of transient lodging accommodations
and bathroom access, with a maximum of 10 rooms, which does not provide
any cooking facilities or the provision of meals for guests other
than breakfast, and which use is operated by a person or persons who
maintain a permanent residency on or at the property, parcel or lot
where the use is conducted.
[Amended by Ord. No. 1481-21, 10/12/2021; and by Ord. No. 1484-22, 9/12/2022]
BETTING USE
A use where lawful gambling activities are conducted, including
but not limited to off-track parimutuel betting. This term shall not
include betting under the state lottery programs or betting under
the small games of chance provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a membership club).
BICYCLE PARKING
A space for the temporary storage of a bicycle in the form
of a rack, locker, or storage area used exclusively for the storage
of bicycles.
[Added by Ord. No. 1450-18, 5/14/2018]
BLOCK
A tract of land, lot, or group of lots, bounded by streets,
alleys, public parks, railroad rights-of-way, watercourses or bodies
of water, boundary lines of the Borough or any combination of the
above.
BOARD
The Zoning Hearing Board of the Borough of Gettysburg.
BOARDINGHOUSE or ROOMING HOUSE
A residential use in which:
[Amended by Ord. No. 1481-21, 10/12/2021]
A.
Individual rooms that do not meet the definition herein of a
dwelling unit are rented for habitation by a total of two or more
persons.
B.
A dwelling unit that includes more than the permitted maximum
number of unrelated persons. A boardinghouse shall not include a use
that meets the definition of a hotel, dormitory, fraternity, sorority,
motel, life-care center, personal-care center, bed-and-breakfast use,
group-care home or nursing home. A boardinghouse may either involve
or not involve the providing of meals to residents. This use shall
only involve renting living accommodations for minimum periods of
30 consecutive days.
BOROUGH
The Borough of Gettysburg, Adams County, Pennsylvania.
BUILDING
Any enclosed structure having a roof and walls which has
been designed and built for the shelter, housing enclosure or protection
of individuals, animals, equipment or property of any kind.
BUILDING FACADE
An exterior side of a building.
[Added by Ord. No. 1454-18, 12/10/2018]
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the ground level at the two front corners of the building to the
highest point of the roof, excluding chimneys, spires, and other similar
projections.
BUILDING (PRINCIPAL)
A building in which is conducted the principal use of the
lot on which it is located.
BUILDING SETBACK LINE
The line within which the principal building shall be located,
bounding that portion of the lot not contained within the required
side and rear yards, and not contained within the space between the
property line and the build-to line.
BUILD-TO LINE
A building location line where the primary facade of a building
is required to be constructed, usually in alignment with other buildings
on the block; a line parallel to and measured at a distance from the
street curbline.
CARTWAY
The surface of a road or street available for vehicular traffic.
CEMETERY
Land or buildings used for the burial of deceased humans,
but not animals. The interment or scattering of remains of properly
cremated humans is not regulated by this chapter.
COMMERCIAL COMMUNICATIONS TOWER
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals. Commercial
communications towers include but are not limited to antennas used
for transmitting commercial radio or television signals or cellular
telephone communications but shall not include an amateur radio antenna.
COMMERCIAL USE
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
COMMISSION
The Planning Commission of the Borough of Gettysburg.
COMPREHENSIVE PLAN
The document entitled the "Gettysburg Comprehensive Plan,"
or any part thereof, adopted by the Borough Council, as amended.
CONDITIONAL USE
A use which is allowed or denied by the Borough Council after
review by the Planning Commission.
CONDOMINIUM
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
either the Pennsylvania Unit Property Act of 1963 or the Pennsylvania
Uniform Condominium Act of 1980, as amended.
CONSTRUCTION
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position and/or
the demolition of a preexisting building.
CONTROLLED SUBSTANCE
A drug, substance or immediate precursor as defined in Schedules
1 through 5 of the Pennsylvania Controlled Substance, Drug Device
and Cosmetic Act, 35 P.S. § 790.104, or any amendments thereto.
CONVENIENCE STORE
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 4,000 square feet. This use may also include the
accessory sale of gasoline, provided that the requirements for an
auto service station are also met.
CONVERSION
To change or adapt land or structures to a different use.
COUNTY
The County of Adams, Commonwealth of Pennsylvania.
CULTURAL CENTER
A building and/or land open to the public which primarily
contains exhibits of clearly artistic or cultural interest, such as
a museum, library, art gallery or indoor nature study area. This shall
not include uses that are primarily commercial in nature.
DAY-CARE, CHILD
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school. Any such use shall meet state licensing requirements,
as applicable.
A.
The following three types of day care are permitted without
regulation by this chapter:
(1)
Care of children by their own relatives.
(2)
Care of children within a place of worship during regularly
scheduled weekly religious services.
(3)
Care of one to three children within any dwelling unit, in addition
to children who are relatives of the caregiver.
B.
See also the definition of "adult day-care center."
DEMOLITION
The act of razing, tearing down or dismantling a preexisting
building or other structure.
DENSITY
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
DISTRIBUTION
The processing of materials so as to sort out which finished
goods are to be transported to different locations and the loading
and unloading of such goods. This use usually involves inventory control,
material handling, order administration and packaging. This term shall
not include a trucking company terminal.
DISTRICT (or ZONING DISTRICT)
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
DRIVE-THRU FACILITIES
Facilities that accommodate motor vehicle pick-up or delivery of goods or products as regulated in §
27-1524, Subsection 200.
DRIVE-THRU RESTAURANT
A public eating place (restaurant) whose business features
the sale of quickly prepared or ready-to-eat foods, primarily for
takeout, as opposed to a restaurant that prepares food to order primarily
for in-house consumption.
DRUG PARAPHERNALIA
Any objects, devices, instruments, apparatus or contrivances
whose primary and traditionally exclusive use is in connection with
the illegal use of any and all controlled substances under the laws
of Pennsylvania.
DWELLING
A building or portion thereof designed for and used for residential
occupancy.
DWELLING (MULTIFAMILY)
A building used by three or more families living independently
of each other, with their own cooking and bath facilities, including
apartment houses and condominiums.
DWELLING (SINGLE-FAMILY, ATTACHED)
A building used by one family, having two common walls with
other dwellings, except for the end units, which may have only one
common wall with a row of two or more other dwelling units, including
townhouses, row houses, triplex, quadplex, and other like type combinations,
and also including such combinations as a condominium unit.
DWELLING UNIT (DU)
One or more rooms, with separate cooking and bath facilities,
used or designed for use by one or more persons maintaining a common
household, with access directly from outdoors or through a common
entrance.
[Amended by Ord. No. 1481-21, 10/12/2021]
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or
police equipment and for related activities (including the housing
of emergency personnel while on duty). The existence of a membership
club at an emergency service station is permissible and included in
this definition if such a club is otherwise permitted in the district.
ESSENTIAL SERVICES
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
Essential services shall be limited to the following: utility lines,
wells, stormwater management facilities and mailboxes. Essential services
shall not include a central sewage treatment plant, a solid waste
disposal area or facility, commercial communications towers, a power-generating
station, septic or sludge disposal, offices, storage of trucks or
equipment or bulk storage of materials.
EVENT VENUE USE
The commercial use of a building and related facilities for
the purpose of leasing the same on a temporary basis for private functions,
meetings, cultural or celebratory events or gatherings, family events
or gatherings, artistic, educational, and similar functions. This
use shall not include and, by this definition specifically excludes,
functions that are solely outdoor music performances or concerts,
and uses that meet the definition of "commercial auditorium," "social
club or lodge," or "places of worship."
[Added by Ord. No. 1488-23, 5/8/2023]
EXERCISE CLUB
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, and nonhousehold
pool and racquetball courts.
EXPOSURE
The failure to conceal with a fully opaque covering the sexual
or genital parts of the body of any person.
FAMILY
A household consisting of one or more persons related by
genetics, adoption, or marriage, or a group of four or fewer persons
who are not related by genetics, adoption, or marriage and none of
whom are wards of the court unless such wards are related by genetics,
adoption, or marriage to members of such group living in a dwelling
unit. Family homes shall include state-licensed adult family homes,
state-licensed foster family homes, group care facilities, and group
care homes for the disabled required to be accommodated as residential
uses pursuant to the Fair Housing Act. The term "family" shall exclude
individuals residing in halfway houses, group homes licensed for juvenile
offenders, or other facilities, whether or not licensed by the state,
where individuals are incarcerated or otherwise required to reside
pursuant to court order under the supervision of paid staff and personnel.
[Amended by Ord. No. 1481-21, 10/12/2021]
FENCE
A man-made barrier, placed or arranged as a line of demarcation,
an enclosure or a visual barrier, that is constructed of wood, chain-link
metal, vinyl or aluminum and/or plastic inserts. Man-made barriers
constructed principally of masonry, concrete, cinder block or similar
materials shall be considered a wall. The term "wall" does not include
engineering retaining walls, which are permitted uses as needed in
all districts. The terms "fence" and "wall" do not include hedges,
trees or shrubs.
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
FLOOR AREA, HABITABLE
The sum of the horizontal areas with at least seven-foot
ceilings used for habitable space in a structure for living, sleeping,
eating or cooking. Bathrooms, toilet compartments, closets, halls,
storage or utility spaces and similar areas are not considered habitable
spaces. (See "habitable space" definition.)
FRATERNITY
A form of student housing in which a group of male students,
formally organized under a charter from a national or local Greek
organization, holds regular meetings and has formal membership requirements.
This form of student housing contains sleeping rooms, bathrooms, common
rooms, and a central kitchen and dining room maintained exclusively
for fraternity members and their guests and is affiliated with a college
or like-type institution of higher learning.
GARAGE (PRIVATE)
An accessory building for the storage of motor vehicles owned
and operated by the owner or occupants of the premises, provided that
space for the storage of not more than two vehicles may be leased
to nonresidents.
GARAGE SALE
The accessory use of any lot for the occasional sale or auction
of only common household goods and furniture and items of a closely
similar character.
GREEN AREA
The portion of a lot that is not paved or covered by buildings
or other like-type impervious surfaces, that is devoted to landscaping,
lawns, gardens, and other like-type vegetated surfaces.
GROUP-CARE HOME
A dwelling to accommodate a group of persons, not to exceed 10, living together in a functional equivalent of a biologically related family, providing specialized services to the residents. Such facilities shall be licensed or operated by a state or county agency and shall have 24 hours per day on-site supervision by qualified staff. The group-care home shall also meet the following criteria and the standards of §
27-1518:
A.
Involves persons functioning as a common household.
B.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental retardation
or other handicap as defined by applicable federal law.
C.
Does not meet the definition of a "treatment center."
D.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
GROSS SQUARE FEET
The total number of square feet within the inside finished
wall surface of the outer building walls of a structure.
[Added by Ord. 1415-14, 4/14/2014]
HABITABLE SPACE
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces and similar areas are not considered habitable spaces.
HAZARDOUS WASTE
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited through the Pennsylvania Solid Waste Management Act, as
amended.
HEAD SHOP
Any business, the operation of which involves the sale, lease,
trade or display for sale of any and all types of drug paraphernalia.
HELIPORT
An area used for the takeoff and landing of helicopters,
together with any related support facilities, such as for maintenance,
refueling and storage. This chapter is not intended to regulate the
emergency landing and takeoff of aircraft to pick up seriously injured
or ill persons.
A.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
B.
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a "helistop."
HOME OCCUPATION
A use which is incidental or secondary to the residential
use of a dwelling and which is conducted entirely within the dwelling
by one of the residents.
HOMESTAY
A dwelling unit wherein a maximum of two rooms are available
for use or are used for short-term lodging, and where such lodging
is provided for compensation, and where the dwelling unit is concurrently
occupied as a permanent residence by the operator.
[Added by Ord. No. 1481-21, 10/12/2021]
HOSPITAL
A use involving the diagnosis, treatment or other medical
or hospice care of humans that includes but is not limited to care
requiring stays overnight. A medical-care use that does not involve
stays overnight shall be considered a "medical office or clinic."
HOTEL
A building consisting of individual rooms designed and used
primarily for transient lodging, where such lodging is provided for
compensation (with or without meals), in which provisions for cooking
are generally not made in individual rooms or suites, and where individual
rooms or suites are accessed from hallways internal to the building.
Any such use that customarily involves the housing of persons for
periods of time longer than 30 days shall be considered a "boardinghouse"
and shall meet the requirements of that use as set forth herein. See
also a bed-and-breakfast use as defined herein. A hotel may include
a restaurant, nightclub, newsstand or tavern, provided that such uses
are clearly accessory to the principal use of overnight accommodations.
[Amended by Ord. No. 1481-21, 10/12/2021]
IMMEDIATE PRECURSOR
A substance which under the regulations of the Pennsylvania
Department of Health is a principal compound commonly used or produced
primarily for use, and which is an immediate chemical intermediary
used in the manufacture of a controlled substance.
INDUSTRIAL MANUFACTURE
As used in the context of home occupations in §
27-1504, the fabrication of products by means of an industrial operation not customarily associated with a residential use.
INDUSTRIAL OPERATION
An industrial land use which involves the making or producing
of goods by manual labor or machinery on a scale that goes beyond
a conventional or normative residentially based level of production.
INFILL
The use of relatively small lots that are surrounded by older
development.
INN
A public accommodation that may or may not consist of a private
dwelling, which contains 20 or fewer bedrooms, used for providing
transient lodging accommodations and which does not provide any cooking
facilities for guests.
[Added by Ord. No. 1481-21, 10/12/2021; as amended by Ord. No. 1484-22, 9/12/2022]
INTERNAL PARKING
Parking area provided within a building housing one or more
permitted uses.
[Added by Ord. No. 1454-18, 12/10/2018]
KENNEL
A building or structure for housing more than four dogs that
are more than six months old.
LIVE-WORK UNIT
A vertically mixed-use building involving a commercial use
or uses, such as a shop, studio, office, or other place of business,
on the ground floor in combination with a dwelling unit or units located
above such place of business. A person or persons other than the proprietor
of the business may occupy a live-work unit.
LOT
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.
LOT AREA
The area contained within the property lines of a lot, excluding
space within the legal public right-of-way, but including the area
of an easement.
LOT COVERAGE
The percentage of a lot covered by buildings, paved areas,
gravel areas, and other like-type surfaces through which water does
not or can not infiltrate.
MASSAGE
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of,
the external parts of the human body with the hands or with the aid
of any mechanical electrical apparatus or appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
MASSAGE PARLOR
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where a person who does not belong to any nationally recognized
massage therapy association, or is not a graduate of any recognized
training school in massage therapy engages in or carries on the practice
of massage.
MEMBERSHIP CLUB
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business. The club shall involve a meaningful and
substantial membership system, as opposed to a token system. This
use shall not include a target range for outdoor shooting, a boardinghouse,
a tavern, a restaurant or an auditorium, unless that particular use
is permitted in that district and the requirements of that use are
met. See also "after-hours club."
MIXED-USE BUILDING
A building that includes, or is proposed to include, two
or more different permitted uses which are allowed by right in the
zoning district in which the building is located.
[Added by Ord. No. 1454-18, 12/10/2018]
MIXED-USE BUILDING, EXTENDED HEIGHT
A building that includes, or is proposed to include, two or more different permitted uses with a height permitted above that which is allowed by right in the zoning district in which the building is located by meeting certain incentive-based criteria as set forth in the regulations contained in Part
15 of this chapter.
[Added by Ord. No. 1454-18, 12/10/2018]
MOBILE HOME
A transportable single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit, or
in two 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.
MOBILE/MANUFACTURED HOME PARK
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile/manufactured
homes for nontransient residential use. The individual manufactured
homes may be individually owned. A development of mobile/manufactured
homes that is subdivided into individual lots shall be regulated in
the same manner as a subdivision of site-built homes and shall not
be considered to be a "mobile home park."
MOTEL
A building or group of buildings, whether detached or in
connected units, containing individual rooms designed and used primarily
for transient lodging, together with accessory off-street parking
facilities, and where such individual rooms are accessed from the
sidewalks or walkways on the exterior of the building. Any such use
that customarily involves the housing of persons for periods of time
longer than 30 days shall be considered a "boardinghouse" and shall
meet the requirements of that use as set forth herein. See also a
bed-and-breakfast use as defined herein. A motel may include a restaurant,
nightclub, newsstand or tavern, provided that such uses are clearly
accessory to the principal use of overnight accommodations.
[Amended by Ord. No. 1481-21, 10/12/2021]
MUNICIPALITIES PLANNING CODE
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended
(53 P.S. § 10101 et seq.).
NATURE PRESERVE
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
NET SQUARE FEET
The total number of square feet within the inside finished
wall surface of the outer building walls of a structure, excluding
major vertical penetrations of the floor (elevator and other mechanical
shafts; stairwells), mechanical equipment, parking areas, common restrooms,
common lobbies, and common hallways.
[Added by Ord. 1415-14, 4/14/2014]
NIGHTCLUB
A tavern or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages, which
frequently charges admission or cover charges for entertainment or
music for dancing, and which has a capacity of more than 250 persons
for such entertainment or dancing. See also "after-hours club."
NO-IMPACT HOME-BASED BUSINESS
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. The business or commercial activity must satisfy
the following requirements:
A.
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
B.
The business shall employ no employees other than family members
residing in the dwelling.
C.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
D.
There shall be no outside appearance of a business use, including
but not limited to parking, signs or lights.
E.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
G.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
H.
The business may not involve any illegal activity.
NONCONFORMING BUILDING
A building or structure which does not conform to the regulations
of the district in which it is located.
NONCONFORMING USE
A use which does not conform to the regulations of the district
in which it is located.
NURSING HOME
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of three or more persons.
OBSCENE MATERIALS
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument, or any other
written or printed matter which:
A.
Depicts or describes in a patently offensive manner sexual conduct,
sexual excitement or sadomasochistic abuse (in the case of articles
or instruments) and which is designed or intended for use in achieving
artificial sexual stimulation.
B.
Taken as a whole, appeals to the prurient interest.
C.
Taken as a whole, does not have serious literary, artistic,
political or scientific value.
OFFICE
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor manufacturing
uses but may include business offices, medical or dental offices,
clinics or laboratories, photographic studios and/or television or
radio broadcasting studios.
OFFICIAL ZONING MAP
The map as adopted by the Borough Council which designates
the location and boundaries of zoning districts.
OFF-PREMISES PARKING
A parking area or facility located on a lot other than the
lot on which the use is made and is located.
[Added by Ord. No. 1450-18, 5/14/2018]
ORDINANCE, THIS
The Gettysburg Zoning Ordinance, including the Official Zoning
Map, as amended.
PARKING DECK
A multilevel structure designed to accommodate vehicular
off-street parking spaces.
PAVED or PAVING
To lay or to cover with materials that form a firm surface,
such as concrete, asphalt or compacted stones. Other materials that
are marketed for the purpose of paving shall also be considered paving.
All materials shall form a solid area that would not allow materials
to be washed away or move from their original location. For the purpose
of this definition, asphalt or concrete shall be used in all parking
areas and driveways into parking areas with nine or more spaces. Parking
areas with eight or fewer spaces may use alternative materials under
this definition. Refer to the Borough's Technical Provisions (Standards)
for construction details.
PERSON
An individual, partnership, corporation, firm, association
or company.
PERSONAL-CARE HOME or CENTER
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
mentally retarded and that is licensed as a personal-care center by
the Commonwealth of Pennsylvania.
PERSONAL SERVICE
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber- and beauty shops, state-licensed massage therapists, photography
studios, shoe repair shops, household appliance repair shops, and
other similar establishments but shall not include any adult uses.
PETS, KEEPING of
The keeping of domestic animals that are normally considered
to be kept in conjunction with a dwelling for the pleasure of the
resident family. This shall include dogs, cats, small birds, gerbils,
rabbits and other animals commonly sold in retail pet shops.
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
A place of worship may include one dwelling unit as an accessory use.
If a religious use, if primarily residential in nature, it shall be
regulated under the appropriate dwelling type.
PLANT NURSERY
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry
for lumber. A plant nursery may include the growth of trees for sale
for internal decoration of homes, such as a Christmas tree farm.
PRIMARY FACADE
The exterior wall of that portion of a building along which
there is street frontage. On a corner lot, there shall be at least
two primary facades.
PROFESSIONAL OFFICE
A building in which services are performed by a member of
a profession, including but not limited to an accountant, architect,
author, community planner, dentist, engineer, insurance agent, landscape
architect, lawyer, minister, notary, optometrist, physician, professor,
or realtor.
PROFESSOR
A faculty member of the highest academic rank at an institution
of higher education; a teacher at a university or college.
PROJECTION TO A BUILDING
A portion or section of a building that projects beyond the
facade, such as a window, doorway, stoop, portico, or porch.
PRURIENT INTEREST
Is to be judged with reference to average adults in the local
community, unless it appears from the nature of the material or the
circumstances of its dissemination, distribution or exhibition that
it is designed for clearly defined deviant sexual groups, in which
case the predominant appeal of the matter shall be judged with reference
to its intended recipient group.
PUBLICLY OWNED RECREATION
Land and/or facilities that are owned by a government agency
or the Borough and are available for use by the general public for
leisure and recreation.
PUBLIC PARKING FACILITY
An off-street area or structure that is owned, leased or
operated by the Borough, or operated on behalf of the Borough for
the purpose of parking by the general public, with or without compensation.
A parking lot or parking facility in the Borough that is controlled
by a public agency other than the Borough shall be treated as a private
off-street parking facility under this chapter.
[Added by Ord. No. 1450-18, 5/14/2018]
RECESS OR SETBACK TO A BUILDING
A portion or section of a building that recedes from the
facade, such as a foyer, hallway, vestibule, alcove, or other like-type
architectural indentation.
RECREATION, PRIVATE
Noncommercial leisure-time uses that are only open to members,
guests or some specific groups.
RECREATION VEHICLE/RECREATIONAL VEHICLE
A vehicle or piece of equipment, whether self-powered or
designed to be pulled or carried, intended primarily for leisure-time
or recreational use; recreational vehicles or units, including travel
trailers, truck-mounted campers, motor homes, folding tent campers
and autos, buses or trucks adapted for vacation use and other vehicles
not suitable for daily conventional family transportation. Snowmobiles,
minibikes, all-terrain vehicles, go-carts and boat trailers are also
deemed "recreational vehicles."
RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling but that does not
involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted-by-right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use, an emergency services station or a college or
university.
REDEVELOPMENT
The reuse, alteration, enlargement, or extension of a building
by 25% or more of the gross floor area of a building.
RELATED or RELATIVE
Persons who are closely related by blood, marriage, adoption
or formal foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great grandparent, grandchild,
great grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. This term shall not include relationships
such as second, third or fourth cousins.
REPAIR OF HOUSEHOLD ITEMS
Shops for the repair of appliances, watches, televisions,
guns, bicycles and other items commonly used in the inside of dwellings
or offices.
RESTAURANT
An establishment where the principal business is the sale
of food and beverages in a ready-to-consume state.
[Added by Ord. 1415-14, 4/14/2014]
RESTAURANT, SMALL
An establishment where the principal business is the sale
of food and beverages in a ready-to-consume state, with a seating
area of no more than 500 net square feet. Typical uses include cafes
and coffee shops.
[Added by Ord. 1415-14, 4/14/2014]
RETAIL STORE
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a person who is nude or
clad in undergarments, a mask or a bizarre costume or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
SCHOOL, PUBLIC OR PRIVATE, PRIMARY OR SECONDARY SCHOOL
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
SEXUAL CONDUCT
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic area or
buttocks of the human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex, or between
humans and animals.
SEXUAL EXCITEMENT
The condition of human male or female genitalia when in the
state of sexual stimulation or arousal.
SEXUAL OR GENITAL PARTS
Includes the genitals, pubic area, buttocks, anus or perineum
of any person or the vulva or breasts of a female.
SHARED PARKING
A parking area or facility used jointly and in common by
multiple uses located on the same lot.
[Added by Ord. No. 1450-18, 5/14/2018]
SHOPPING CENTER
A use involving five or more retail or personal service uses
or establishments and that primarily involves retail sales. If two
or more abutting lots each include five or more retail sales uses
and are developed under common ownership, then those lots shall together
be considered as one shopping center. A shopping center may also include
a mix of permitted personal service, office and/or commercial recreation
uses.
SHORT-TERM LODGING
Any dwelling unit or portion thereof that is available for
use or is used for transient lodging, and where such lodging is provided
for compensation. Includes homestay and vacation rental uses as defined
herein.
[Added by Ord. No. 1481-21, 10/12/2021]
SITE PLAN REVIEW
Review of a site plan by the Planning Commission and/or the
Borough Council that is required for certain uses.
SOCIAL CLUB or LODGE
An establishment used for the purpose of gathering of members
of a recognized nonprofit organization. Entrance to such establishment
is usually restricted, unless dues are paid in advance, except for
occasional public events sponsored by the organization.
SOLID WASTE
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material,
resulting from industrial, institutional, public, household, commercial
or mining activities.
SOLID WASTE TRANSFER FACILITY
A facility which receives and temporarily stores solid waste
at a location other than the generation site and which facilitates
the bulk transfer of accumulated solid waste to a facility for further
processing or disposal and which may or may not involve the separation
of recyclables from solid waste. Also see the definitions in Title
25 of the PADER regulations.
SORORITY
A form of student housing in which a group of female students,
formally organized under a charter from a national or local Greek
organization, holds regular meetings and has formal membership requirements.
This form of student housing contains sleeping rooms, bathrooms, common
rooms, and a central kitchen and dining room maintained exclusively
for sorority members and their guests, and is affiliated with a college
or like-type institution of higher learning.
SPECIAL EXCEPTION
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
chapter, provided that the use complies with the conditions and standards
required by this chapter.
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
A.
Human male genitals in a visible state of sexual stimulation.
B.
Acts of human masturbation, sexual intercourse, oral sex or
sodomy.
C.
Fondling or other erotic touching of human genitals.
STAFF HOUSING
Housing for bona-fide full-time employees of a college, university,
seminary or health-care facility.
STREET
A public right-of-way providing vehicular access to abutting
properties.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
STUDENT HOUSING
A multifamily dwelling with rooms for rental to students.
The owner, or person responsible, 21 years of age or over, shall live
on the premises.
STUDENT HOUSING, INSTITUTIONAL
A dwelling in accordance with §
27-1524, Subsection
2II(1), that is owned or managed by a public or private educational institution or school for academic instruction, with rooms for use by students, such as a dormitory, sorority or fraternity, whether located on-campus or off-campus.
SWIMMING POOL
Any object which is designed to contain water to a depth
of 18 inches or more or has a surface area in excess of 50 square
feet.
TEMPORARY BUILDING/STRUCTURE
A building or structure that is erected without a foundation
or footings and is removed when the designated time period, activity,
or use for which such building or structure was erected has ceased.
THEATER
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
TRADE SCHOOL
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16. This shall
include a dancing school, martial arts school or ceramics school.
TRADITIONALLY EXCLUSIVE USE
A primary and inherent use which has historically been the
sole use as opposed to a secondary and incidental one.
TRANSIENT LODGING
Lodging provided for compensation for periods of less than
30 consecutive days.
[Added by Ord. No. 1481-21, 10/12/2021]
TRANSIT FACILITY
A building, grounds, and/or fixed stop location from which
bus service, jitney service, or other similar mass transit services
are provided.
[Amended by Ord. No. 1450-18, 5/14/2018]
TREATMENT CENTER
A use (other than a prison or a permitted accessory use in
a hospital) providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of:
A.
Criminal rehabilitation, such as a criminal halfway house or
a treatment/housing center for persons convicted of driving under
the influence of alcohol.
B.
Addiction to alcohol and/or a controlled substance.
C.
A type of mental illness or other behavior that could cause
a person to be a threat to the physical safety of others.
TRUCKING COMPANY TERMINAL
A use involving a large variety of materials, including materials
owned by numerous corporations, being transported to a site to be
unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer
trucks, and that does not involve substantial processing or repackaging
of the materials.
A.
A use that primarily involves either loading materials from
tractor-trailers onto smaller trucks or loading materials from smaller
trucks onto tractor-trailers shall be considered a distribution use.
B.
A trucking company terminal may include the following as clearly
accessory uses if they are closely related to the principal use: repair,
washing, refueling and maintenance facilities for trucks using the
terminal, administrative uses for the terminal and rest facilities
for truck drivers using the terminal.
TRUCK STOP
A commercial use that primarily involves providing fuel and
other services to tractor-trailer trucks. This use may also involve
providing repair services, sale of gifts and various household items,
a restaurant, showers and a motel.
VACATION RENTAL
A dwelling unit that is available for use or is used for
short-term lodging, and where such lodging is provided for compensation,
and where the dwelling unit is not concurrently occupied by the operator
of the use.
[Added by Ord. No. 1481-21, 10/12/2021]
VETERINARIAN OFFICE
A building routinely used for the treatment of animals and
related housing or boarding of sick animals. Treatment of small animals
includes only small domestic animals, including but not limited to
dogs, cats, rabbits, birds or fowl. Treatment of large animals includes
all types of animals, including horses, cows and pigs. Housing primarily
healthy animals shall be considered a kennel and shall meet the requirements
of that use.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WETLANDS
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
WHOLESALE
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
YARD
An unoccupied space, other than a court, open to the sky
on the same lot with a building or structure.
YARD, FRONT
A yard nearest to the street extending the full width of
the lot, between the build-to line and the front lot line. Also, see
"build-to line."
YARD, REAR
A yard extending the full width of the lot along the rear
lot line and extending in depth from the rear lot line to the building
setback line.
YARD, SIDE
A yard extending the full depth of the lot along the side
lot line and extending in width from such lot line to the building
setback line.
ZERO-LOT-LINE DEVELOPMENT
A form of development where a building, usually a single-family
detached or semidetached dwelling, is placed on a side lot line with
no setback from that lot line and has only one side yard.
ZONING MAP
The Official Zoning Map of Gettysburg Borough, Adams County,
Pennsylvania.
ZONING OFFICER
The designated administrative officer who serves as the Zoning
Officer for the Borough of Gettysburg and who is charged with the
duty of enforcing the provisions of this chapter.