A.Â
The language and words set forth in Article II of this chapter are defined in order to facilitate the interpretation of the chapter for administrative purposes and in the carrying out of duties by appropriate officers. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings indicated in this subsection below:
(1)Â
Words used in the present tense include the future tense.
(2)Â
The singular includes the plural and vice versa.
(3)Â
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
(4)Â
The words "person," "applicant," "subdivider," "developer" and "landowner"
includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
(5)Â
The masculine gender includes the feminine and neuter. The feminine
gender includes the neuter and masculine. The neuter gender includes
both feminine and masculine.
(6)Â
The word "building" includes "structure" and shall be construed as
if followed by the phrase "or part thereof."
(7)Â
The word "used" or "occupied," as applied to any land, structure
or building shall be construed to include the phrase "intended, arranged
or designed to be used or occupied."
(8)Â
The word "erected" shall be inclusive of the words "constructed,
altered or moved."
(9)Â
Except as provided in Subsection A(11) below, for those words used in this chapter but not defined in this chapter, the definitions found in the Pennsylvania Municipalities Planning Code (MPC) or various chapters of the Code of the Borough of Paxtang, specifically including but not limited to Chapter(s) 160, relating to buildings; 220, relating to floodplain management; 310, relating to property maintenance; 360, relating to stormwater management; 366, relating to streets and sidewalks; 370, relating to subdivision and land development; and 392, relating to shade trees, shall apply.
(10)Â
For those words used in this chapter but also which are defined
in various chapters of the Code of the Borough of Paxtang, wherever
and whenever the terms and associated definitions are not consistent,
the terms and associated definitions used in this chapter govern the
regulations and standards in this chapter.
(11)Â
For those words used in this chapter but not defined in it or
any the definitions found in various chapters of the Code of the Borough
of Paxtang, the definition of the term found in the most recent edition
of Webster's Unabridged Dictionary shall apply.
(12)Â
For those notations, numerals, words and phrases included parenthetically
subsequent to specific text and regulations used in this chapter,
the information included parenthetically shall be considered guidance
and explanatory, and the specific text and regulations listed prior
to the parenthetical reference used in this chapter shall govern.
B.Â
Illustrations and tables.
(1)Â
In instances of any differences of meanings or implications between
the text of this chapter and any caption, illustration or table, the
text shall control. No caption, illustration or table shall be construed
to limit the scope or intent of the text of this chapter.
For the purposes of this chapter, the following terms shall
have the following meanings:
The relinquishment of property, or a cessation of the use
of the property, by the owner without the intention of transferring
rights to the property to another owner or of resuming the use of
the property.
Areas of contiguous lots that share a common property line
or lot line, or are separated by a common border, including easements,
but excluding lots entirely separated by a public right-of-way for
a street or alley.
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
[Added 5-16-2017 by Ord.
No. 658]
The traveled way by which automobiles and other similar motor
vehicles enter and depart parking spaces.
A public or private drive, other than a driveway, providing
vehicular access to and between parking areas for more than two parking
spaces within a land development, or any drive servicing three or
more units of occupancy on a single lot.
An alternative energy system that supplies energy primarily
for on-site use, except that, when a property upon which the system
is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company. This definition
shall not in any way limit or preclude those accessory alternative
energy systems conducted pursuant to and part of power purchase agreements.
An individual independent dwelling unit incorporated into the principal or accessory structure located on an owner occupied lot upon which the permitted principal use is a single-family detached dwelling, and which meets the requirements for such use in Article XVI of this chapter relating to additional supplemental standards and requirements for specific accessory uses.
The use of land, structure or building for a specific purpose.
The act of converting structures to a new use other than
that for which they were originally designed and used, in a sympathetic,
compatible and context-sensitive manner.
See Chapter 160 of this Code, relating to buildings.
Two or more abutting lots or two or more lots separated only
by a public street right-of-way, another lot, or as otherwise specified
in this chapter.
The perception of artistic elements or elements in the natural
or man-made environment which are pleasing to the eye.
See the MPC.
Unless specifically defined elsewhere in this Article II, the following words and phrases, when used in Article XI of this chapter relating to the Airport Overlay Zoning District (APO), shall have the meanings given to them in this subsection:
AIRPORT(S)CAPITAL CITY AIRPORT (CXY) — Any area of land or water which is used or intended to be used for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities for rights-of-way, together with all airport buildings and facilities thereon.
AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for Capital City Airport is 347 feet.
AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in Article XI of this chapter relating to Airport Overlay Zoning District (APO) and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).
APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone is derived from the approach surface.
CONICAL SURFACE ZONEAn imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically (or 20:1) for a horizontal distance of 4,000 feet. The conical surface zone is based on the conical surface.
FAAFederal Aviation Administration of the United States Department of Transportation.
HEIGHTFor the purpose of determining the height limits in all Airport Overlay Zoning District related zones set forth in Article XI of this chapter, relating to the Airport Overlay Zoning District (APO), and shown on the Paxtang Borough Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
HORIZONTAL SURFACE ZONEAn imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone is derived from the horizontal surface.
LARGER THAN UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds' maximum gross weight, and jet-powered aircraft.
NONPRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTIONAny structure, growth or other object, including a mobile object, which exceeds a limiting height set forth by Article XI of this chapter, relating to Airport Overlay Zoning District (APO).
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE ZONEAn imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone is derived from the primary surface.
RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACE ZONEAn imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone is derived from the transitional surface.
TREEAny vegetative object of natural growth.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds' maximum gross weight or less.
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
See Chapter 160 of this Code, relating to buildings.
Any one or more methods and facilities used in the conversion,
storage and distribution of energy, including electrical infrastructure,
transmission lines, and other appurtenant structures and facilities
of renewable energy sources, including but not limited to sunlight,
wind, rain, tides, and geothermal heat.
Revisions to the zoning text and/or the Zoning Map to depict
a change in use, standards and criteria or zoning district location(s).
An establishment offering veterinary services to all types
of animals, which also includes outdoor or overnight keeping or boarding
of animals.
A device, partially or wholly exterior to a structure, that
is used for receiving electronic signals, other than a satellite dish
antenna which is treated separately, or for transmitting short-wave
or citizens band radio frequencies. This shall include antennas used
by an amateur ham radio operator or by a contracting business or utility
to communicate with its employees, but shall not include a commercial
communications antenna. This term includes any accessory supporting
structures.
Any structure, mast, pole, tripod or tower, including any
guy wires and braces utilized for the purpose of supporting an antenna
or antennas.
An individual independent dwelling unit within a residential
building.
The creation of multifamily dwelling units or apartments
by converting an existing single-family detached dwelling without
substantially altering the exterior of the building.
See the MPC.
See the MPC.
The visible, functional or ornamental objects accessory to
and part of buildings.
A continuous passageway parallel to and open to a street,
open space or building, usually covered by a canopy or permanent roofing,
and accessible and open to the public.
An establishment primarily engaged in the display and retail
sales of original and limited edition art works, but also may include
on-site production of art works.
See Chapter 160 of this Code, relating to buildings. For purposes of this chapter, assisted living facilities shall not include halfway houses, group homes, social rehabilitation facilities, and alcohol and drug abuse centers. Assisted living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
See the MPC.
An establishment that contains automated devices performing
banking or financial functions which are operated by the consumer
or patron, primarily for those who remain in their automobile, but
may also be operated by those customers walking up to the device.
An establishment used for the storage, collection, baling,
packing, sorting, handling, disassembling, recycling, resource recovery,
purchase or sale of any material which has been used, salvaged, scrapped
or reclaimed, but is capable of being reused in some form, including,
but not limited to, metals, fiber, paper, cloth and rags, rubber,
rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber,
boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles
which are inoperable and do not have a current and valid inspection
sticker as required by the Commonwealth of Pennsylvania, and motor
vehicle parts, but not including garbage or other organic wastes.
No material which fails to meet this definition because it is discarded
and incapable of being reused in some form shall be placed in any
establishment as is defined in this article of this chapter. In no
zoning district shall this use be considered to be accessory or incidental
to another use.
An establishment involving the indoor and/or outdoor display,
sale or rental of new and used motor vehicles, including cars, motorcycles,
trailers, boats, heavy equipment and construction vehicles, mobile/manufactured
homes, recreational vehicles and motorhomes, trucks, other similar
motor vehicles, and mobile/manufactured homes, and which may include
washing and polishing of vehicles, major and minor mechanical repairs
and body work, straightening of body parts, painting, welding or rebuilding
of transmissions, state inspections, oil changes and lubrications,
and tune-ups conducted within a completely enclosed building. Additionally,
this use includes the dispensing or sales of gas/fuel for motor vehicles;
the sale and installation of lubricants, tires, batteries and similar
vehicle accessories.
See Chapter 160 of this Code, relating to buildings.
A licensed facility, such as a dance hall, club or association not licensed by the Pennsylvania Liquor Control Board, wherein patrons 21 years of age and older may, after payment of an entry fee, cover charge or membership fee, consume alcoholic beverages which said patrons have carried onto the premises; also commonly referred to as "Bring Your Own Bottle Clubs," provided that a facility which is rented for a limited period of time, not to exceed 12 hours, by individual(s) or an organization for the purpose of a private party in which alcoholic beverages are carried onto the premises shall not be considered a B.Y.O.B. Club under the terms of this chapter and Chapter 115, Alcoholic Beverages, Article I, Bring Your Own Bottle Clubs..
An establishment in which money is kept for savings or commercial
purposes, investment purposes, supplied for loans, or exchanged, and
that includes routine interactions with customers and/or patrons.
A bank may also provide financial counseling, planning and services
related to money management, and includes those establishments considered
savings and loans and credit unions.
See "tavern/bar."
An owner-occupied or manager-occupied establishment within
a single-family detached dwelling and/or the associated accessory
structure, providing temporary overnight lodging accommodations in
sleeping rooms/units for transient guests, related meal service for
compensation. Bed-and-breakfast establishments may also host accommodations
for private events (e.g., weddings and conferences). Temporary overnight
lodging occurs within individual sleeping rooms/units which do not
contain cooking facilities.
An establishment engaged in the sale and delivery of beer
and ale and similar alcoholic beverages, such as malt liquor and wine
coolers, in wholesale quantities to retail sellers as well as retail
sales to the public.
A mound of soil, either natural or man-made, used to obstruct
views and attenuate sound, among other purposes.
See Chapter 360 of this Code, relating to stormwater management.
A permanent sign erected, maintained or used in the outdoor
environment for the purpose of the display of commercial or noncommercial
messages not appurtenant to the use of, products sold on, or the sale
or lease of, the property on which it is displayed. Unless otherwise
specified, for purposes of this chapter, the term "billboard" shall
include all related sign parts, support structures, and foundations,
and portions thereof.
Land surrounded on all sides by streets measured at the right-of-way
or other transportation or utility rights-of-way or by physical barriers
such as bodies of water or public open spaces.
The edge of a block of lots sharing lot frontage on a street
in common, and that is located between two intersecting streets.
The Paxtang Borough Council also may be referenced as the
"Borough Council." (See "governing body.")
A qualified, professional engineer licensed and registered
to practice in the Commonwealth of Pennsylvania designated by Paxtang
Borough Council to furnish professional and technical assistance for
the administration of this chapter.
The attorney licensed to practice in the Commonwealth of
Pennsylvania designated by the Paxtang Borough Council to furnish
professional legal assistance for the administration of this chapter.
An open area of land that is located between two uses and
intended to mitigate negative impacts, such as visual and noise, of
the more intense/dense use and/or zoning district on the less intense/dense
use and/or zoning district.
An open area of land that is located between two uses, that
is intended to mitigate negative impacts, such as visual and noise,
of the more intense/dense use and/or zoning district on the less intense/dense
use and/or zoning district, whose dimensions normally exceed, but
may include, where specified, the required building setback or yard
requirements, and which is generally planted and may include required
screening, and within which no building or structure shall be permitted
except those used as part of required screening as otherwise provided
for in this chapter.
See Chapter 160 of this Code, relating to buildings.
A detached, subordinate structure, the use of which is customarily
incidental and subordinate to that of the principal building or otherwise
principal use of the lot, and which is located on the same lot as
that occupied by the principal building, structure or otherwise principal
use of the lot.
A building connected to another building via one or more
common party wall(s).
The administrative officer certified by the Pennsylvania Department of Labor and Industry to manage, supervise, administer code enforcement activities, and issue building permits under the authority of the Pennsylvania Uniform Construction Code, pursuant to Chapter 160, relating to buildings, who is appointed by the Paxtang Borough Council.
A building surrounded by open space on the same lot.
The front exterior face, elevation or wall of a principal
building that is often facing the street rights-of-way, excluding
alleys.
The sum total of the ground area of a site occupied by any
building, measured from the exterior face of exterior walls; this
includes courts and decks or porches when covered by a roof.
The vertical distance of a building measured from the average
elevation of the finished grade in front of the building to the:
A line parallel to the front, side and/or rear lot line,
touching that part of the structure closest to said lot line.
Generally refers to the manner in which a building is positioned
on a lot as described by the relationship between the front of the
building and the front lot line (e.g., a front building facade parallel
to the front lot line).
A document signed by the Building Code Official, as required in Chapter 160 of this Code, relating to buildings, as a condition that shall be met prior to commencing with the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure, that acknowledges that such structure complies with the provisions of Chapter 160 of this Code, relating to buildings, and this chapter, relating to zoning.
The main or primary structure, the use of which is primary
and essential to that of any accessory building, structure or other
accessory use of the lot, and which is located on the same lot as
any accessory building, structure or other accessory use of the lot.
See "setback line."
A structure providing temporary cover or protection, as from
the weather, to riders waiting to board buses and other similar public
transportation motor vehicles.
The diameter of a tree trunk measured at 4Â 1/2 feet
from ground level.
See Chapter 160 of this Code, relating to buildings.
The individual designated by a patient to deliver medical
marijuana.
[Added 5-16-2017 by Ord.
No. 658]
A roofed structure that is enclosed on not more than two
sides and provides space for the parking of motor vehicles, and is
accessory to a principal or accessory structure; unless it is attached
to the structure, in which case it shall comply with all applicable
principal or accessory structure standards of this chapter.
See Chapter 370 of this Code, relating to subdivision and land development.
An establishment involving the burial of and/or long-term
interment of human or animal remains, either in the ground or in structures
such as columbariums, mausoleums and entombments. Cemeteries may also
include cremation facilities.
The certificate issued by a duly authorized Borough officer
which permits the use of a building in accordance with the approved
plans and specifications and which 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 and/or zoning permit.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized in a certification under the Pennsylvania
Medical Marijuana Act,[1] including enabling the patient to tolerate treatment for
the serious medical condition.
[Added 5-16-2017 by Ord.
No. 658]
Any use that differs from the previous use of a structure
or land.
Area of the community that has achieved a unique, recognizable
character that is different from neighboring areas. These differences
may be the result of topography, age and style of housing and buildings,
built environment, land use development patterns, landscaping, street
patterns, open space or streetscapes.
A structure containing one or more flues for drawing off
emissions from stationary sources of combustion.
A triangular-shaped portion of land established at a street
intersection in which nothing is permitted to be erected, placed or
planted or allowed to grow in a manner as to limit or obstruct the
sight distance of motorists entering or leaving the intersection.
An entity that holds a permit both as a grower/processor
and a dispensary and has a contractual relationship with an academic
clinical research center under which the academic clinical research
center or its affiliate provides advice to the entity regarding, among
other areas, patient health and safety, medical applications and dispensing
and management of controlled substances.
[Added 5-16-2017 by Ord.
No. 658]
An establishment where three or more full-time-equivalent licensed medical professionals, as defined in this Article II, examine and treat patients on an outpatient basis. Such a facility may also include a pharmacy, provided that such use has access only from the interior of the building. This use shall not include overnight accommodation of patients. This use shall also include those establishments commonly known as ambulatory surgical, urgent and emergency centers without overnight accommodations.
An organization catering exclusively to members and their
guests and not the general public. Private clubs shall include, but
not be limited to, educational, fraternal, service and political organizations,
labor unions, and social and athletic clubs.
An establishment exclusively serving members and their guests,
or premises or buildings that are used for social, recreational and
administrative purposes, provided there are no vending stands, merchandising
or commercial activities except as required for the membership or
fund-raising of such club. This use shall not include a bar, boardinghouse,
nightclub, restaurant or tavern open to the general public, or an
auditorium, unless that particular use is permitted in that zoning
district and the applicable requirements of that use are met, provided
they are operated primarily to serve members and their guests. Private
clubhouses and lodges shall not be construed to be a sexually oriented
business and/or related use as defined in this article of this chapter.
An unheated outdoor structure consisting of a wooden or concrete
frame and a top of glass or plastic, used for protecting seedlings
and plants from the cold.
The act of placing two or more communications antennas or
facilities on one tower or other support structure.
An establishment operated as a gainful business, open to
the public, for the purpose of leisure time activities, public recreation
or entertainment, including, but not limited to, amusement arcade,
arena, assembly hall, bingo parlor, bowling alley, gymnasium, health
and fitness club, miniature golf course, skating rink, shooting range,
swimming pool, dance or gymnastic instructional school, tennis courts,
etc., when operated within a completely enclosed building.
An establishment operated as a gainful business and open
to the public upon open land, wholly or partially outside of a building,
for the purpose of leisure-time activities, public recreation or entertainment,
such as a swimming pool, tennis court, batting and pitching cages,
go-cart track and skating rinks, and that may also include amusement
rides or regular live entertainment. This use excludes a park, golf
course and an outdoor shooting range.
Any motor vehicle licensed by the Commonwealth of Pennsylvania
as a commercial vehicle.
See the MPC.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private-residence-mounted satellite dishes or television
antennas or amateur radio equipment, including without limitation
ham or citizen band radio antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antenna.
A communications tower or other facility which transmits
or receives a radio, television or other communications signal(s).
An establishment used for noncommercial recreational, social,
educational and cultural activities, open to the public or a designated
part of the public, owned or operated by a public or nonprofit group
or agency.
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or nonfood ornamental crops, such
as flowers, for personal or group use, consumption or donation. Community
gardens may be divided into separate plots for cultivation by one
or more individuals or may be used collectively by members of the
group and may include common areas maintained and used by group members.
Capable of associating or blending with or being associated
or blended because of sensitive, harmonious, agreeable, appropriate
or consistent combination with another or other.
The mixing of decomposing refuse matter for the purpose of
creating fertilizer material.
The most recent version of the official public document prepared
in accordance with the MPC, consisting of maps, charts and textual
material, that constitutes decisions about the physical and social
development of the Borough, as amended from time to time.
See the MPC.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980,[2] which includes a multiple-unit land development in which
there is a system of separate ownership of individual units of occupancy
and undivided interest of land and common facilities. For purposes
of this chapter, the specific uses associated with a condominium shall
be regulated by the applicable standards of this chapter regardless
of the form of ownership.
In agreement; compatible.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a structure, including the
placement of mobile/manufactured homes.
The conditions and circumstances that are relevant to a setting,
event, fact, etc.
Next to, abutting or touching and having a boundary, or portion
thereof, that is coterminous. To physically touch or border upon,
or to share a common property line, but not overlap.
An age-restricted development or establishment that provides
a continuum of accommodations and care, from independent living to
long-term bed care, and enters into contracts to provide lifelong
care in exchange for the payment of monthly fees and an entrance fee.
An establishment primarily engaged in the retail sale of
frequently or reoccurring needed goods for household consumption,
of prepackaged food and beverages, foods prepared on site, magazines,
lottery tickets, tobacco products, and limited household supplies
and hardware; as well as the rental of videotapes, video games and
DVDs, provided that a sexually oriented business and/or related use
are specifically prohibited. The use also may include the on-site
consumption of food and beverages, as well as the retail sale of fuel
for passenger vehicles, oil, grease, automobile accessories, propane
and kerosene, and automatic car-washing facilities.
A group of uses designed and constructed as an integrated
development to serve those attending consumer trade shows, association
conferences and meetings, sports shows, banquets, receptions and other
similar functions.
An establishment primarily engaged in providing custom printing,
photocopying, faxing, mailing, courier service and/or other similar
business and office support services, along with accessory sales of
materials and items related to copying and mailing.
The projecting horizontal element that tops a wall or flat
roof.
An establishment primarily engaged in the on-site production,
display and sale of goods created on site by hand manufacturing, generally
involving only the use of hand tools and/or other domestic mechanical
equipment. Typical uses include painting and other-media art, ceramics,
fabric crafts, candlemaking and jewelry manufacturing. All such production
associated with this use shall occur within a completely enclosed
building.
A harvestable product, including but not limited to herbs,
fruits, flowers or vegetables, planted, grown and cultivated in the
soil.
The use of land for the tilling of the soil; the raising,
maintenance and cultivation of crops, and also including horticulture,
apiculture, floriculture, viticulture, for personal and generally
noncommercial purposes.
A stone, concrete or other improved boundary usually marking
the edge of the roadway, access drive or paved area.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
An establishment offering care or supervision of persons
under the age of 16, special needs adults in lieu of care or supervision
by family members, elderly persons (generally 62 years of age and
older), mentally disabled, and/or physically handicapped persons who
need such daily assistance because of their physical or cognitive
disabilities, or disease. This use shall not include persons who need
oversight because of criminal and/or violent behavior. 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:
DAY CARE, ACCESSORYAn accessory use to a residential dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. An accessory day care does not require zoning approval.
DAY CARE, COMMERCIALAn establishment operated as a gainful business that provides care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Pennsylvania Department of Public Welfare.
DAY CARE, FAMILYAn accessory use to a residential dwelling unit, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities shall be registered with the Pennsylvania Department of Public Welfare.
Plants that drop their leaves before becoming dormant in
winter.
An elevated, open, exterior structure, platform or floor
supported on at least two opposing sides by an adjacent structure
and/or posts, piers or other independent supports.
A restriction on the use of the land set forth in the deed
or instrument of conveyance. Such restriction usually runs with the
land and is binding upon subsequent owners of the property. The municipality
is not responsible for enforcing a deed restriction, unless the restriction
resulted from a condition or stipulation of the subdivision or land
development approval process, and in which the municipality is a party.
The number of dwelling units or units of occupancy per acre
of net lot area.
Pennsylvania Department of Environmental Protection.
See the MPC.
Includes the following:
Use, occupation, erection, construction, reconstruction, movement,
alteration, razing, demolition, removal, placement of or extension
(vertical or horizontal) of a structure or sign;
Change of the type of use or expansion of the use of a structure,
building or area of land;
Creation or establishment of a new use of a structure, building
and area of land.
Creation of a new lot or alteration of existing boundaries.
Alteration or development of any improvement or unimproved real
estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations for underground
utilities, provided the final grade is not altered;
Construction or installation of lakes, ponds, dams or other
water retention basins;
Land development as defined in this article of this chapter,
shall be included in this definition;
Infill, redevelopment, replacement and adaptive reuse, as defined in this Article II, shall be included in this definition;
Other activities required to have a permit and/or approval by
this chapter.
See the MPC.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health to dispense medical
marijuana.
[Added 5-16-2017 by Ord.
No. 658]
A process whereby materials, goods, cargo and products are
received and stored by one entity and then delivered to another.
An establishment engaged in the receipt, storage and distribution
of goods, products, cargo and materials, including transshipment by
boat, rail, air or motor vehicle.
A projection from a sloping roof which contains a window.
See Chapter 160 of this Code, relating to buildings.
A structure designed for providing goods and services to
drivers and patrons who remain in their vehicles before and during
the on-site activity.
A business establishment, including an eating establishment,
that offers refreshments, entertainment, goods or services to patrons
who purchase and/or consume such refreshments, entertainment or services
on the premises and outside of the building, including patrons who
may receive services, obtain goods or be entertained while remaining
in their motor vehicles.
A private drive, other than an access drive, providing vehicular
access between a street or access drive and a parking area for not
more than two residential units of occupancy.
A container, generally two or more cubic yards in capacity,
for the disposing of refuse, whether generated by residential, nonresidential
or other use.
See Chapter 160 of this Code, relating to buildings.
A building occupied and used by three or more families living
independently of each other, wherein each dwelling unit shall contain
private bath and kitchen facilities. Includes apartment homes/houses.
See Figure 2.2, Multifamily Dwelling Example — Plan View, and
Figure 2.3, Multifamily Dwelling Example — Profile View.
Figure 2.2 Multifamily Dwelling Example - Plan View
|
Figure 2.3 Multifamily Dwelling Example - Profile View
|
A building containing one dwelling unit occupied and used
by one family, having at least one party wall in common with other
single-family attached dwelling(s). For units having one party wall,
there shall be one side yard, and for units having two party walls,
there shall be no side yards (except on corner lots). Standards and
regulations of this chapter shall apply to individual units, whether
on a common lot or on individual lots. Includes townhomes/townhouses
and row homes/houses. See Figure 2.4, Single-Family Attached Dwellings
Example — Plan View; Figure 2.5, Single-Family Attached Dwellings
Example — Profile View; Figure 2.6, Single-Family Attached Dwellings
(On 1 Lot) Example — Plan View; and Figure 2.7, Single-Family
Attached Dwellings (On 1 Lot) Example - Profile View.
Figure 2.4 Single-Family Attached Dwellings Example -
Plan View
|
Figure 2.5 Single-Family Attached Dwellings Example -
Profile View
|
Figure 2.6 Single-Family Attached Dwellings (On 1 Lot)
Example - Plan View
|
Figure 2.7 Single-Family Attached Dwellings (On 1 Lot)
Example - Profile View
|
A building containing one dwelling unit occupied and used
by one family, and having two side yards (except on corner lots).
See Figure 2.8, Single-Family Detached Dwelling Example — Plan
View, and Figure 2.9, Single-Family Detached Dwelling Example —
Profile View.
Figure 2.8 Single-Family Detached Dwelling Example - Plan
View
|
Figure 2.9 Single-Family Detached Example - Profile View
|
A building containing one dwelling unit occupied and used
by one family and having one party wall in common with another single-family
semidetached dwelling building and one side yard (except on corner
lots). See Figure 2.10, Single-Family Semidetached Dwelling Example
— Plan View, and Figure 2.11, Single-Family Semidetached Dwelling
Example — Profile View.
Figure 2.10 Single-Family Semidetached Dwelling Example
- Plan View
|
Figure 2.11 Single-Family Semidetached Dwelling Example
- Profile View
|
A building containing two dwelling units, each occupied and
used by one family, with one dwelling unit arranged over the other
or beside the other, and having two side yards (except on corner lots).
See Figure 2.12, Two-Family Dwelling Example — Plan View, and
Figure 2.13, Two-Family Dwelling Example — Profile View.
Figure 2.12 Two-Family Dwelling Example - Plan View
|
Figure 2.13 Two-Family Dwelling Example - Profile View
|
See Chapter 160 of this Code, relating to buildings. For purposes of this chapter, "or more persons" shall specifically be limited to not more than one family.
See Chapter 370 of this Code, relating to subdivision and land development.
Projecting overhang at the lower border of a roof and extending
from a primary wall or support.
[Added 5-19-2020 by Ord. No. 670]
An electronic oral device, such as one composed of a heating
element and battery or electronic circuit, or both, which provides
a vapor of nicotine or any other substance and the use or inhalation
of which simulates smoking.
The term includes a device as described in Subsection A, notwithstanding whether the device is manufactured, distributed, marketed or sold as an e-cigarette, e-cigar and e-pipe or under any other product, name or description.
Any device designed or used to transform an e-liquid ( that
may contain nicotine) into an aerosol that the user inhales. ENDS
can also be referred to as vapes, vaporizers, vape pens, hookah pens,
electronic cigarettes, e-cigarettes, e-cigs, and e-pipes.
[Added 5-19-2020 by Ord. No. 670]
Any liquid that contains vegetable glycerin, propylene glycol,
nicotine, water, and possibly flavoring that can be used in ENDS devices.
E -liquids can also be referred to as "vape" or "vape juice."
[Added 5-19-2020 by Ord. No. 670]
An establishment for the maintenance, fueling, storage, dispatching
or parking of vehicles and/or equipment utilized for fire, emergency
medical and ambulatory services and related activities, other than
those owned and/or operated by the Borough, and/or its authorized
municipal authorities and/or agents. This use may include housing
for related personnel while on call.
The greatest number of workers, including both part-time
and full-time, both compensated and volunteer, and both employees
and contractors present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
Any component or part of an ENDS system, including but not
limited to, e-liquids, cartridges, atomizers, certain batteries, cartomizers
and clearomizers, tank systems, drip tips, and flavorings for ENDS.
[Added 5-19-2020 by Ord. No. 670]
An increase in the size of an existing structure or use,
including physical size of the property, structure, building, parking
and other improvements.
The largest number of students under educational supervision
at any one time.
See Chapter 360 of this Code, relating to stormwater management.
The provision by public utilities, municipal or other governmental
units regulated by the Public Utility Commission (PUC) or other governmental
agencies of underground or overhead gas, electrical, steam or water
pipes, sewer and storm sewer facilities, and wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate services by such
public utilities, municipal or governmental units or for the public
health, safety or general welfare.
Any organization, including a business, whether private,
public, governmental, social or otherwise, together with its owners,
directors, employees, members, merchandise, inventory and equipment,
founded for a specific purpose.
Plants having foliage that persists and remains green throughout
the year.
Any act by which earth, sand, gravel, rock or any other similar
materials is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed. It shall include the conditions resulting
therefrom.
An activity or use of land occurring on a lot or parcel as
of the effective date of this chapter.
One or more persons related by blood, marriage, legal guardianship,
licensed or court-appointed foster care, or legal adoption, who maintain
one common household and reside in one dwelling unit; or no more than
four persons who are not related to each other by blood, marriage,
legal guardianship, licensed or court-appointed foster care, or legal
adoption, except persons possessing a handicap as set forth in "group
home" and within the meaning of the Fair Housing Act [42 U.S.C. § 3602(h),
or successor legislation] who reside in one dwelling unit and live
and cook together as a single housekeeping unit shall be considered
a family.
An outdoor establishment used for the sale of raw agricultural
and food products, and assorted new and used goods by vendors or auctioneers
on a periodic basis.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry
erected, intended and maintained; and/or hedges, "living fences" and
other natural vegetation planted, intended and maintained; either,
singularly, or in combination to provide screening or divide one property
from another property or public street right-of-way; enclosing an
area; helping assure privacy or protection; and/or to define and mark
the property or lot line(s).
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom. The
amount of fill shall be considered the difference in elevation between
a point on the original ground and a designated point of higher elevation
on the final grade.
An establishment, excluding banks, savings and loans, and
credit unions, where the principal business is the receipt, disbursement
or exchange of funds and currencies and includes those establishments
considered pawnshops, payday lending, and check-cashing businesses.
The elevation of the land surface of a site after completion
of all site preparation work.
A structure, device or appurtenance, including stairways,
railings, ladders, etc., attached to the exterior of a building, erected
for emergency exit in the event of fire.
See Chapter 220 of this Code, relating to floodplain management.
The sum total of all floor area space relegated to use by
the customer and the retail employee to conduct retail sales, including
the display area used to indicate the variety of goods available for
customers, but not including office space, storage space and other
general administrative areas.
See Chapter 160 of this Code, relating to buildings.
See Chapter 160 of this Code, relating to buildings.
See Chapter 160 of this Code, relating to buildings.
An establishment in which food is processed and/or prepared
on the premises, and which may be sold and/or consumed on the premises.
This term shall also include bakeries and catering establishments.
See the MPC.
Generally refers to the type of building or structure (e.g.,
two-story structure) and its architectural characteristics.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 5-16-2017 by Ord.
No. 658]
An establishment conducting embalming and cremation activities
which may include the viewing of the deceased and ceremonies connected
therewith prior to burial or cremation, but not including cemeteries,
columbariums, mausoleums and entombments.
See Chapter 229 of this Code, relating to garage and yard sales.
An accessory enclosed or covered space for the storage of
one or more vehicles, provided that no business, occupation or service
is conducted for profit therein nor holds space therein, unless otherwise
permitted elsewhere in this chapter.
Any garage other than a private garage that is used for parking
or storage of motor vehicles.
The cultivation of herbs, fruits, flowers or vegetables.
See the MPC; see also "Borough Council."
Any establishment, use, facility and/or structure owned and/or
operated by a government, government agency or government authority
for valid public health, public safety, public welfare or similar
governmental purpose other than the Borough, its municipal authorities,
and/or authorized agents. This term shall not include permitted uses
defined, listed and/or regulated separately elsewhere in this chapter.
A structure whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
An establishment providing shelter, counseling and other
rehabilitative services in a family-like environment for at least
nine but fewer than 15 residents, plus such minimum supervisory personnel
as may be required to meet licensing standards of the Commonwealth
of Pennsylvania, specifically the Pennsylvania Department of Public
Welfare. Residents may not be legally related to the facility operators
or supervisors and, by reason of mental or physical disability, chemical
or alcohol dependency, or family or school adjustment problems, require
a minimum level of supervision but do not require medical or nursing
care or general supervision.
A dwelling inhabited by not more than eight handicapped persons,
as identified and provided for by the Fair Housing Act and this chapter.
This definition does not include persons occupying a hotel, motel,
bed-and-breakfast, halfway house, boardinghouse, treatment center
or institution. A group home involves persons functioning as a common
household unit, providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed in an institution
because of physical, mental or developmental disability, or age, or
individuals who meet the definition of "handicap," as defined by applicable
federal law. [NOTE: The Federal Fair Housing Act amendments define
"handicap" as follows: "(1) a physical or mental impairment which
substantially limits one or more of such person's major life activities;
(2) a record of having such an impairment; or (3) being regarded as
having such an impairment, but such term does not include current,
illegal use of or addiction to a controlled substance as defined in
Section 802 of Title 21." This definition was subsequently adjusted
by Section 512 of the Americans with Disabilities Act (ADA) to address
certain situations related to substance abuse treatment.] For the
purposes of this chapter, group homes shall be permitted and regulated
as single-family detached dwellings.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health to grow and process medical
marijuana.
[Added 5-16-2017 by Ord.
No. 658]
A noninstitutional living arrangement with treatment and
support services for persons with substance abuse problems or for
inmates and parolees approaching parole release date or release from
a corrections institution. The halfway house (community corrections
center) operates under the rules and regulations of the Pennsylvania
Department of Health or Department of Corrections or similar authorities.
The residents are provided full-time supervision and counseling on
employment, vocations, finances and community living.
Materials which are classified by the U.S. Environmental
Protection Agency (EPA), the Pennsylvania Department of Environmental
Protection (DEP), or the Borough as having the potential to damage
health or impair safety. Hazardous materials include but are not limited
to inorganic mineral acids or sulfur, fluorine, chlorine, nitrogen,
chromium, phosphorous, selenium, arsenic and their common salts, lead,
coal tar acids, such as phenols and cresols and their salts, petroleum
products, and radioactive material. Also included are floatable materials
with the potential to cause physical damage, such as logs, storage
tanks and large containers, located in flood-prone areas.
Any substance classified by the EPA, the DEP or the Borough
as having the potential to damage health or impair safety, including
garbage, refuse, sludge from an industrial or other wastewater treatment
plant, sludge from a water supply treatment plant or air pollution
facility, and other discarded material, including solid, liquid, semisolid
or contained gaseous material resulting from municipal, commercial,
industrial, institutional, mining or agricultural operations, and
from community activities, or any combination of the above, which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
|
(NOTE: "Hazardous waste" shall also include any added components
from the Solid Waste Management Act of July 7, 1980, P.L. 380, No.
97, as amended.)
|
An establishment, facility or group of structures, aboveground
or underground storage tanks, or any other area, structures or buildings
used for the purpose of permanently housing or temporarily holding
hazardous waste for the storage or treatment for any time span other
than the normal transportation time through the Borough.
The vertical distance of a structure measured from the average
elevation of the finished grade surrounding the structure to the highest
point of the structure. See also "building height."
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
See Chapter 160 of this Code, relating to buildings.
An establishment providing for the sale of materials, products
and supplies for home improvement, lawn and garden, lumber and other
similar building materials and products, including hardware stores.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling. Also see "no-impact home occupation."
A structure made of piping or other material covered with
translucent plastic, constructed in a half-round or hoop shape.
See Chapter 160 of this Code, relating to buildings. A hospital shall be licensed as such by the Department of Health of the Commonwealth of Pennsylvania. The term "hospital" shall not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access to a common interior corridor and which may
provide additional supporting services such as restaurants, meeting
rooms, recreation facilities, and living quarters for a resident manager
or proprietor.
Persons living together in a single dwelling unit, with common
access to, and common use of all living and eating areas and all areas
and facilities for the preparation and storage of food within the
dwelling unit.
A document issued under the Pennsylvania Medical Marijuana
Act[3] that authorizes access to medical marijuana.
[Added 5-16-2017 by Ord.
No. 658]
See "lot coverage."
See Chapter 360 of this Code, relating to stormwater management.
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
See Chapter 370 of this Code, relating to subdivision and land development.
Incapable of associating or blending with or of being associated
or blended with another or other because of insensitivity, disharmony,
inappropriateness, unsuitability or incongruity.
GENERAL INDUSTRIALAn establishment primarily:
Involving the processing and manufacturing of semifinished and/or
finished materials or products predominately from extracted, raw and/or
recycled materials; or
Engaged in the storage of, manufacturing processes, or shipping
of flammable or explosive materials; or
Engaged in the storage, manufacturing processes, and/or shipping
of materials or products that potentially involve hazardous or commonly
offensive conditions; and
Due to the more intensive nature of the processes, materials,
products, etc., such uses that may disturb or endanger neighboring
properties.
LIGHT INDUSTRIALAn establishment primarily:
Involving the manufacturing, predominately from previously prepared
semifinished or finished materials, products or parts of finished
materials and products, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution,
as well as the repair of such finished products; but
Excluding the processing of extracted, raw and/or recycled materials;
and
Due to their lower intensity the nature of such processes, materials
or products produces no noise, vibration, air pollution, fire hazard
or noxious emission which would disturb or endanger neighboring properties.
Involved in the production and/or repair services of large major
appliances; electrical instruments; office and vending machines; precision
instruments; electronic devices; timepieces; jewelry; musical instruments;
novelties; mass-produced personal and office furniture and equipment;
wood products such as cabinetry; printed materials including all forms
of media and signs; lithographic plates; type composition; machine
tools, dies and gauges; ceramics; apparel; lightweight metal castings;
film processing; light sheet metal products; tinsmithing, welding,
plumbing, heating, ventilating and air-conditioning; plastic goods;
pharmaceutical goods, medical supplies, optical goods, and related
equipment and appliances; and food products and frozen food lockers;
taxidermy, but not animal slaughtering or curing nor rendering of
fats, when such facilities are in a completely enclosed building and/or
structure.
The manufacturing, compounding, processing, assembly or treatment
of materials, articles or merchandise.
Development of land within the Borough accessible to infrastructure
that is generally surrounded by development and has been bypassed,
remained vacant and/or is underused.
See Chapter 310 of this Code, relating to property maintenance.
Any scrap, waste, reclaimable material or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed of or other use or disposition.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been separated from its axles, engine, body or chassis;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
An establishment in which three or more pets or domesticated
animals (e.g., dogs and cats, but not including livestock, horses,
poultry or wild animals) are kept, boarded, raised, bred, treated
or sold as a gainful business, whether or not licensed through the
Pennsylvania Department of Agriculture, in accordance with the Pennsylvania
Code, Title 7, Chapter 21, as amended. For the purpose of this definition,
the production of more than two litters in any calendar year shall
be considered a commercial kennel business. This use shall also include
an establishment providing obedience training, behavior modification
training, and/or specialized skill training services to animals, dogs
and their owners or handlers.
See Chapter 370 of this Code, relating to subdivision and land development.
See the MPC.
An establishment engaged in supplying, on a rental or contract
basis, laundered items, such as:
Table and bed linens; towels; diapers; and uniforms, gowns,
or coats of the type used by doctors, nurses, barbers, beauticians
and waitresses; and/or
Industrial work uniforms and related work clothing, such as
protective apparel (flame- and heat-resistant) and clean room apparel;
dust control items, such as treated mops, rugs, mats, dust tool covers,
cloths, and shop or wiping towels.
An establishment engaged in one or more of the following:
Dry-cleaning services;
Laundering services;
Dropoff and pickup sites for laundries and/or dry cleaners;
and/or
Specialty cleaning services for specific types of garments and
other textile items (except carpets and upholstery), such as fur,
leather or suede garments; wedding gowns; hats; draperies; and pillows.
|
These establishments may provide all, a combination of, or none
of the cleaning services on the premises.
|
A contractual agreement for the use of lands, structures,
buildings or parts thereof for a fixed time and consideration.
An establishment in which literary, musical, artistic or
reference material (such as books, manuscripts, recordings or films)
are kept for use but generally not for sale.
For purposes of this chapter relating to the number of full-time-equivalent
licensed medical professionals for medical clinics and medical offices,
this term shall include those individuals who are authorized by law
to examine, diagnose and treat patients, including physicians, dentists,
opticians, psychologists and other similar medical and dental professionals.
This term shall not include nurses, other medical support and/or administrative
support staff.
Unless specifically defined elsewhere in this chapter or in the Code of the Borough of Paxtang, the following words and phrases, when used in this chapter relating to the outdoor lighting and other performance standards set forth in Article XII of this chapter relating to performance standards for all uses, shall have the meanings given to them in this subsection, unless the context clearly indicates otherwise:
FOOTCANDLEA unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FULL(Y) SHIELDED or FULL CUTOFF TYPE FIXTUREAn outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
GLAREDirect light that causes annoyance, discomfort or loss in visual performance and visibility and/or ability to focus.
ILLUMINANCEThe quantity of light arriving at a surface divided by the area of that surface, measured in footcandles.
LIGHT TRESPASSLight emitted by a lighting fixture that falls beyond the boundaries of the property on which the fixture is installed.
RECESSED CEILING FIXTUREAn outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
UPLIGHTINGAny light source that distributes illumination above a 90° horizontal plane.
Defined by the Liquor Code, 47 P.S. § 1-101 et
seq.
Large animals and/or farm animals, including, but not necessarily
limited to, the following: horses, ponies, donkeys, mules, cattle,
sheep, goats or swine, but also including poultry. For the purposes
of this chapter, livestock shall not be considered domestic pets.
A continuous hedgerow of living plant material planted, intended
and maintained for the purpose of screening or dividing one property
from another property or public street right-of-way, enclosing an
area, helping assure privacy or protection, and/or to define and mark
the property or lot line(s).
The act of loading and/or unloading of materials, goods,
equipment, etc., from motor trucks, tractors and trailers, and/or
other service vehicles.
Except as otherwise provided in Article XIV of this chapter relating to loading and unloading standards, an off-street loading space upon an area of land, open or enclosed, other than a street right-of-way (excluding alleys), used primarily for the standing, loading and/or unloading of motor trucks, tractors and trailers, and/or other service vehicles so as to avoid undue interference with the public use of streets, excluding alleys.
See Chapter 160 of this Code, relating to buildings, regarding boardinghouses.
See Chapter 160 of this Code, relating to buildings regarding nursing homes. A long-term-care nursing facility shall be licensed by the Department of Health of the Commonwealth of Pennsylvania.
See the MPC.
A way or means of approach to provide vehicular access to
a property.
The area contained within the property lines of the individual
parcel of land, including the area of any utility easement or stormwater
management facility, but excluding space within the street right-of-way.
A lot at the junction of and abutting on two or more intersecting
streets, excluding alleys, or at the point of abrupt change of a single
street, where the interior angle is less than 135° or the radius
of the street line is less than 10 feet. A corner lot shall have two
front lot lines and one side lot line and one rear lot line. The rear
lot line for a corner lot shall coincide with the lot line abutting
any alley, otherwise it shall be the lot line opposite the lot line
along the street of address. For purposes of this chapter, the front
lot line, front building setback, and front yard shall be those directly
abutting the street of address, shall be considered the primary front
lot line, primary front building setback, and primary front yard;
and the other front lot line, front building setback, and front yard
shall be the secondary front lot line and front yard. See Figure 2.14,
Typical Lots.
Figure 2.14 Typical Lots
|
That portion or percentage of the lot area covered by impervious
surface. See "impervious lot coverage."
The horizontal distance measured between the street right-of-way
and the closest rear property line on a corner and reverse frontage
lot; the depth shall be measured from the street right-of-way line
of the street address to the directly opposite property line.
An interior lot that abuts two or more parallel or nonintersecting
streets, excluding alleys, generally at the front lot and rear lot
lines. See Figure 2.14, Typical Lots.
That portion of a lot abutting on the street right-of-way,
excluding alleys, and regarded as the front of the lot.
A lot whose side lot lines do not abut upon any street, excluding
alleys; a lot other than a corner lot. Lots abutting and bounded by
one street, two alleys, and one other lot shall be considered interior
lots. See Figure 2.14, Typical Lots.
See Chapter 160 of this Code, relating to buildings.
The lot line separating a lot from the ultimate street right-of-way,
excluding alleys. In the case of a corner lot abutting a street right-of-way
on more than one side, there shall be two front lot lines, one side
lot line and one rear lot line. The rear lot line for a corner lot
shall coincide with the lot line abutting any alley, otherwise it
shall be the lot line opposite the lot line along the street of address.
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line. A corner lot shall
have two front lot lines and one side lot line and one rear lot line.
The rear lot line for a corner lot shall coincide with the lot line
abutting any alley, otherwise it shall be the lot line opposite the
lot line along the street of address.
Any lot line other than a front or rear lot line. A corner
lot shall have two front lot lines and one side lot line and one rear
lot line. The rear lot line for a corner lot shall coincide with the
lot line abutting any alley, otherwise it shall be the lot line opposite
the lot line along the street of address.
A lot which is a part of a subdivision, the plan of which
was recorded, or a parcel of land, the deed of which was recorded
in the office of the Dauphin County Recorder of Deeds prior to the
adoption of this chapter.
An interior through or double frontage lot that is not accessible
from one of the parallel or nonintersecting streets upon which it
abuts and fronts.
The horizontal distance between the side lines of a lot measured
at the front lot line, or measured at the front setback line, as required
in the applicable zoning district.
A function involving either the processing, conversion or
production of materials, goods or products.
See Chapter 160 of this Code, relating to buildings.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating the
external soft parts of the body with the hands or with the aid of
any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments or other similar preparations.
Generally refers to the scale of a building or structure
in relationship to those the in vicinity of it, on abutting or adjacent
lots or neighborhood.
The average of a series of figures computed by adding up
all the figures and dividing by the number of figures.
Marijuana for certified medical use as legally permitted
by the Pennsylvania Medical Marijuana Act.[4]
[Added 5-16-2017 by Ord.
No. 658]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana growers/processors
and/or dispensaries.
[Added 5-16-2017 by Ord.
No. 658]
A dispensary or a grower/processor of medical marijuana.
[Added 5-16-2017 by Ord.
No. 658]
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
"Mineral extraction" includes but is not limited to the extraction
of sand, gravel, topsoil, limestone, sandstone, oil, gas, coal, clay,
shale and iron ore. The routine movement of and replacement of topsoil
during construction shall not by itself be considered to be mineral
extraction.
See the MPC.
See Chapter 160 of this Code, relating to buildings, regarding self-service storage facilities.
Occupancy of a structure or land by more than one use, generally
permitted nonresidential and permitted residential uses as permitted
in the applicable zoning district.
See the MPC and Chapter 160 of this Code, relating to buildings.
See the MPC.
That part of an individual mobile/manufactured home space
that has been reserved for the placement of a mobile/manufactured
home and appurtenant structures and connections.
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access directly to the outside and which may provide
such additional supporting services as restaurants, recreation facilities,
and living quarters for a resident manager or proprietor.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, also referred
to as the "Municipalities Planning Code," "PA MPC and/or "MPC" in
this chapter.
Any establishment, use, facility and/or structure that is
owned and/or operated by the Borough, its municipal authorities, and/or
authorized agents.
An establishment where objects of artistic, historical, or
scientific importance or interest are kept, studied, and displayed.
An area restricted to and maintained in a natural state for
the protection and/or preservation of animal and plant wildlife and
other important natural resources.
Any new activity or use of land, structure or building on
a lot or parcel that was not occurring as of the effective date of
this chapter.
An establishment that may offer the on-site consumption of
alcoholic or nonalcoholic beverages and where music, dancing and/or
live entertainment is part of the operation. For the purposes of this
definition, "live entertainment" is also meant to include the use
of disc jockeys for the purposes of supplying musical entertainment.
Nightclubs offering the sale of alcohol shall be considered a bar/tavern
and shall comply with all provisions and standards for bars/taverns
as defined and regulated in this chapter. Nightclub includes an "under
21" club which features entertainment. Nightclubs shall not be construed
to be a sexually oriented business and/or related use as defined in
this article of this chapter.
See the MPC regarding no-impact home-based business.
See the MPC.
See the MPC.
See the MPC.
An establishment where patients are admitted on an outpatient
basis for examination and treatment by not more than two licensed
medical professionals as defined in this section. Such an establishment
shall not have overnight accommodations or a pharmacy and shall include
such uses as reception areas, offices, consultation rooms and x-ray,
provided that such uses have access only from the interior of the
building.
An establishment in which one or more persons are employed
in the management, direction or conducting of business/commerce and
whose staffs/employees serve clients who seek advice and consultation
regarding business/commerce. A business office may include the administrative,
corporate or professional offices for profit, nonprofit or charitable
organizations, but also includes contractors, real estate, stock and
bond brokers, accountants, adjusters, appraisers, utility companies,
lawyers, clergy, teachers, architects, engineers, landscape architects,
planners, interior designers, insurance agents, and similar office-oriented
uses.
A temporary storage (surface or structure) for a motor vehicle
that is directly accessible to an access aisle and that is not located
on a dedicated right-of-way and is located upon the same lot as a
principal use or, in the case of joint parking, within close proximity.
A temporary storage (surface) for a motor vehicle within
a dedicated right-of-way, excluding alleys.
Not transparent or translucent; impenetrable to light; not
allowing light to pass through, measured by the observation of any
two-square-yard area lying between one foot above the established
grade of the area to be concealed and the top or the highest point
of the required screen, if otherwise not specified, shall be six feet.
See Figure 2.15, Typical Opacity Example.
Figure 2.15 Typical Opacity Example
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Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants
and their guests.
Open space held in private ownership, the use of which is
normally limited to the occupants of a single dwelling or building.
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
A portion of an establishment which includes an exterior
seating area associated with a food services, restaurant, tavern/bar
or other similar establishment.
An illumination source outside any structure, including but
not limited to an incandescent bulb, LED, mercury, sodium or neon-filled
bulb, and the hardware containing the illumination source and supporting
it. Lighting fixtures underneath a roof of an open-sided building,
including but not limited to storage sheds, canopies and gas/fuel
pump marquees, are deemed to be "outdoor lighting."
The keeping, in an unenclosed area, of any goods, material,
merchandise or vehicles in the same place for more than 24 hours,
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.
The display and sales of products and goods primarily outside
of an enclosed building or a structure.
A zoning district that encompasses one or more underlying
or base zoning districts and that imposes additional or supplemental
requirements and standards other than those which are required by
the underlying or base zoning district(s).
A use of land, which may include accessory buildings and
structures, for active and/or passive outdoor recreation for the purpose
of pleasure, leisure, fellowship or exercise, commonly involving a
sporting activity, camping, hiking, jogging, bicycling, swimming,
picnicking and other related activities, which is open to the public.
A park may include amenities such as ball fields, tennis courts, trails,
playground equipment, rest rooms, picnic tables, cooking grills and
similar facilities. For purposes of this chapter, parks shall not
include improvements for or permitted uses that are considered to
be commercial recreational uses.
A public or private lot, building or structure that is designed
and used for the temporary off-street storage and parking of passenger
vehicles. This use shall include surface parking lots and parking
structures, including buildings and decks.
Any area of a lot used for off-street parking facilities,
providing for the transient storage of automobiles, and other motorized
and nonmotorized vehicles.
Except as otherwise permitted in Article XIV of this chapter, either a covered garage space or uncovered, improved and stabilized space located outside of the public street right-of-way for the transient storage of automobiles, and other similar motor vehicles.
A building or structure where passenger vehicles may be stored
for temporary off-street parking, including decks and buildings.
Joint use of a parking compound by more than one use and/or
owner.
A common shared wall between two separate structures, buildings
or dwelling units.
See "terrace."
A specified easement, walkway, path, sidewalk or other reservation
which is designed for and used exclusively by pedestrians.
A use that is allowed and, in which case, zoning matters
may be approved by the Zoning Officer, provided the application complies
with all requirements of this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, a state, and all
political subdivisions of a state or any agency or instrumentality
thereof, or any other legal entity whatsoever which is recognized
by law as the subject of rights and duties.
An establishment defined and licensed by the Pennsylvania
Department of Public Welfare in accordance with Title 55 of the Pennsylvania
Code, Chapter 2620.[5] A personal care facility is a premises in which food,
shelter and personal assistance or supervision are provided for a
period exceeding 24 hours for four or more adults who are not relatives
of the operator and who do not require the services in or of a licensed
long-term-care facility, but who do require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation of a residence in the event of an emergency or medication
prescribed for self-administration. A "halfway house" shall not be
considered a personal care facility.
See "assisted living facility."
An establishment where service-oriented activities for personal
needs are provided to the general public, but which do not primarily
involve retail sales of goods nor professional advisory services.
Such activities shall include and be similar to barbershops and beauty
shops/salons; health spas; photographic studios; small home appliance
repair including radios and televisions; repair shops for tools, bicycles,
guns, locks, shoes and watches; tailor, dressmaking and upholstering
shops; individualized tutoring and teaching; and pet/small animal
grooming/washing, veterinarian offices, and pet day-care facilities.
Personal service establishments shall not be construed to be a sexually
oriented business and/or related use as defined in this article.
Any area not defined as impervious. This term shall also
include pervious material.
An establishment operated as a gainful business in which
the care and supervision to more than one nonresident small domestic
and usual house pets and/or animals such as dogs and cats occurs during
any calendar day. No outdoor keeping or boarding of animals shall
be permitted.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops, but shall not include livestock or other farm animals, horses or any animal or bird for which a permit is required under the Pennsylvania Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the regulations of the Pennsylvania Game Commission. See Chapter 121 of this Code, relating to animals.
See Chapter 160 of this Code, relating to buildings, regarding place of religious worship. Places of worship shall also be maintained and controlled by a religious body organized to sustain public worship. Places of worship also include all buildings, structures and uses customarily associated with such principal purpose, including but not limited to rectories, convents, religious-related schools, day-care facilities, meeting and food service facilities, cemeteries, columbariums, mausoleums, etc. Includes synagogue, temple, mosque, or other such place for worship and religious activities.
An establishment primarily engaged in retailing nursery and
garden products, such as trees, shrubs, plants, seeds, bulbs, mulch
and sod, that are predominantly grown off the premises, but such an
establishment may sell a limited amount of a product grown on the
premises.
See the MPC.
A man-made body of inland water made by construction of a
dam or embankment or by excavating a pit or dugout, other than a stream
or lake.
A roofed (covered) open area, other than a stoop, providing
shelter and shade, attached to or part of and with direct access to
or from a building, which creates space for a sociable transition
from the public sidewalk/street or adjacent property to the building
to which it is attached.
An establishment operated by the U.S. Postal Service, where
mail is received, sorted and delivered, and where stamps and other
postal materials are sold.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Not publicly owned, operated or controlled.
A function that involves only the cleaning, sorting, sizing,
packaging, or any combination thereof, of products.
See the MPC.
See the MPC.
Owned, operated or controlled by a government agency (federal,
state, county and local), including its authorized agent or corporation
created by law for the performance of certain specialized governmental
functions or any public school district.
See the MPC.
See the MPC.
A street ordained or maintained or dedicated and accepted
by a borough, city, township, county, state or federal government
and open to public use.
An establishment involving the erection, construction, alteration,
operation or maintenance of buildings, power plants, towers, substations,
water treatment plants, sewage treatment and/or disposal plants, public
transportation and road maintenance facilities, and other similar
public service structures by a utility, whether publicly or privately
owned, or by a government agency other than Paxtang Borough, its authorities
or authorized agents, including the furnishing of electrical, gas,
communication, water supply and sewage disposal services.
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including but not limited
to:
Sports (individual, dual, team, coed recreational, and combative),
athletics; both land- and water-based.
Arts and crafts, spectating, picnicking, nature study, and board
games.
Dance, drama, music, games, social recreation, special events,
hiking/walking, cycling, hobbies, outdoor educational activities,
and cultural activities.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites or fields.
Any area developed in such a manner as to be conducive to
those activities that fall within the range of active recreation.
Examples: athletic fields and hard-surfaced courts, pools, large dams,
bicycle and walking trails, open turf areas, and apparatus areas.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive recreation.
Examples: scenic vistas, natural areas, craft areas, meeting areas,
sitting areas, walkways, sunbathing, gardens, streams and impoundments,
social events, picnicking and spectating areas.
The area of land suitable for the development of specific
active recreation facilities for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including
but not limited to baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools.
Activities that involve relatively inactive or less energetic
activities, such as walking, sitting, picnicking, card games, checkers
and similar table games.
A motor vehicle that is self-propelled or towed and that
is designed to be transported along public streets to serve as a mobile
temporary residence. For the purposes of this chapter, the term shall
also include towable utility and cargo trailers.
CLASS I RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, RVs, boats and trailers used solely for the transport of residents' recreational vehicle(s), that possess less than or equal to 200 square feet, as measured to the vehicle's outermost edges, and do not exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
CLASS II RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, boats and trailers used solely for the transport of residents' recreational vehicle(s), that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or that exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
An establishment where common household or office-related
waste materials and items which are readily recyclable, such as glass,
aluminum, cardboard and/or paper, is deposited and temporarily stored,
at a location other than the site where it was generated, and which
facilitates the bulk transfer of accumulated recyclables to a facility
for further processing.
Public and/or private investment made to re-create the fabric
of an area or neighborhood by renovating previously developed land.
Replacing, remodeling or reusing existing buildings and structures
to accommodate new development within the context of existing streets.
The registry established by the Department of Health for
physicians.
[Added 5-16-2017 by Ord.
No. 658]
Remodeling or reusing an existing structure for new development.
Any establishment which carries on investigations, testing
and experimentation in the natural, physical, technical or social
science or engineering and development as an extension of such investigation
with the objective of creating end products.
An establishment that provides food and drink to patrons
and that routinely involves the consumption of at least a portion
of such food and drink on the premises. A restaurant may include the
accessory sale of alcoholic beverages and carry-out and delivery services.
An establishment which sells goods or merchandise to the
general public for personal and household consumption and provides
accessory repair services for goods or merchandise that is similar
to that which is sold on the premises and renders services incidental
to the sale of such goods. Retail businesses shall not be construed
to be a sexually oriented business as defined in this article.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials,
or in combination, erected between lands of different elevations to
protect structures and/or prevent erosion.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, street, crosswalk, railroad, electric transmission lines,
oil or gas pipeline, waterline, sanitary, storm sewer, and other similar
uses, whether public or private.
See "street."
An accessory structure which primarily involves the retail
sale of agricultural and/or garden products such as fresh fruits,
vegetables, herbs, flowers or plants produced on site or on property
contiguous to the property on which they are offered for sale, during
the harvesting season.
The amount of vertical rise a roof has compared to the horizontal
run measurement of the roof.
FLAT ROOF = 0 to less than 2/12;
LOW SLOPE ROOF = 2/12 to less than 4/12;
CONVENTIONAL SLOPE ROOF = 4/12 to less than 9/12; and
STEEP SLOPE ROOF = 9/12 and higher. See Figure 2.16, Typical
Roof Slope/Pitch Example; Figure 2.17, Typical Roof Slope/Pitch Examples,
below shows the slope/pitch of a 7/12, meaning that for 12 inches
of horizontal measurement (roof run) the vertical measurement (roof
rise) is seven inches.
Figure 2.16 Typical Roof Slope/Pitch Example
(Source: http://www.pole-barn.info/roof-pitch.html. 2011)
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Figure 2.17 Typical Roof Slope/Pitch Example
(Source: http://www.pole-barn.info/roof-pitch.html. 2011)
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A concave, parabolic or dish-shaped antenna, or any other
apparatus or device that is designed for the purpose of receiving
electromagnetic, digital or other type of signal including video programming
signals from direct broadcast satellites (DBS), multichannel multipoint
distribution wireless cable providers (MMDS), and television broadcast
stations (TVBS).
An establishment where timber is cut, sawed or planed, either
to finished lumber or as an intermediary step, and may include facilities
for the kiln drying of lumber and may include the distribution of
such products on a wholesale or retail basis.
An establishment offering education or instruction in any
branch of knowledge.
Any school conducted for profit for such instruction as business,
art, drama, music, handicraft, dancing and other similar type low-impact
uses conducted within a completely enclosed building.
Any public, sectarian or private nonprofit establishment
approved by the Commonwealth of Pennsylvania offering formal academic
instruction and services for state-required or largely state-funded
programs at the kindergarten, elementary and secondary levels. This
term shall not include those uses considered commercial schools.
Same as a public or private school except that the primary
activity is training in a trade or vocation, which may be conducted
wholly or partially outside of an enclosed structure. This term shall
not include those uses considered commercial schools.
To inhibit view of or from.
A vegetative material of sufficient height and density to
conceal from view uses and and/or structures on the premises on which
the screen planting is located from occupants on abutting or adjacent
properties.
A barrier between adjacent properties, uses and/or zoning
districts composed of a mixture of landscaping, trees, berms, shrubs,
fences, walls and/or other similar type materials, that is intended
to mitigate negative impacts, such as airborne particles, glare and
noise, of the more intense/dense use and/or zoning district on the
less intense/dense use and/or zoning district.
See Chapter 160 of this Code, relating to buildings.
The required horizontal distance between a required setback
line and an abutting lot line or street right-of-way line, as applicable.
SETBACK, FRONTThe distance between the street right-of-way line and the required front setback line. Corner lots shall have two front setbacks. See Figure 2.19, Typical Setbacks and Yards, Interior Lots, and Figure 2.20, Typical Setbacks and Yards, Corner Lots.
SETBACK, REARThe distance between the rear lot line and the required rear setback line. Corner lots shall have one rear setback. See Figure 2.19, Typical Setbacks and Yards, Interior Lots, and Figure 2.20, Typical Setbacks and Yards, Corner Lots.
SETBACK, SIDEThe distance between the side lot line and the required side setback line. Corner lots shall have one side setback. See Figure 2.19, Typical Setbacks and Yards, Interior Lots, and Figure 2.20, Typical Setbacks and Yards, Corner Lots.
The line within a property that shall define the required
distance between a use, structure and/or building and the abutting
right-of-way line, or front, rear and side lot lines, and that establishes
the area in which said use, structure or building shall be established,
erected and/or placed. In the case of lot where a front and/or rear
lot line does not coincide with a recorded right-of-way (e.g., landlocked
lots, lots with substandard access easements, etc.), the setback line(s)
shall be measured from the applicable property line(s) closest to
the associated recorded right-of-way or ultimate right-of-way.
Unless specifically defined elsewhere in this chapter or
in the Code of the Borough of Paxtang, the following words and phrases,
when used in this chapter, relating to "sexually oriented businesses
and/or related uses" shall have the meanings given to them in this
subsection below unless the context clearly indicates otherwise:
ADULT CABARETAn establishment regularly featuring dancing and other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on exhibiting specific sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MEDIAMagazines, books, videotapes, movies, slides, CD-ROMs, DVDs or other devices used to record computer images or other media that are distinguished or characterized by their emphasis on matter depicting, describing or relating to hardcore material.
ADULT MEDIA STOREAn establishment that rents and/or sells media and that meets any of the following three criteria:
Forty percent or more of the net retail floor area is devoted
to adult media.
Forty percent or more of the stock-in-trade consists of adult
media.
It advertises or holds itself out in any forum as "XXX," "adult,"
"sex" or otherwise as a sexually oriented business other than an adult
media store, adult motion-picture theater or adult cabaret.
ADULT MOTION-PICTURE THEATERAn establishment emphasizing or predominantly showing sexually oriented movies.
DISPLAY PUBLICLYThe act of exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal, unaided vision viewing it from a street, highway, alley or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.
EXPLICIT SEXUAL MATERIALAny hardcore material.
HARDCORE MATERIALMedia characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation or the aftermath of male ejaculation.
LINGERIE MODELING STUDIOAn establishment that provides the services of live models modeling lingerie to individuals, couples or small groups in a room smaller than 600 square feet.
MEDIAAnything printed or written or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but is not limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, DVDs, other magnetic media and undeveloped pictures.
MEDIA SHOPA general term identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media stores. In that context, "media shop" means a retail outlet offering media for sale or rent, for consumption off-premises, provided that any outlet meeting the definition of "adult media store" shall be treated as an adult media store.
OTHER SEXUALLY ORIENTED ESTABLISHMENTAn establishment that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities.
PRIMARY LIVE ENTERTAINMENTOn-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
SADOMASOCHISTIC PRACTICESFlagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed or naked.
SEX SHOPAn establishment offering goods for sale or rent and that meets any of the following criteria:
The establishment offers for sale items for any two of the following
categories: a) adult media; b) lingerie; and/or c) leather goods marketed
or presented in a context to suggest their use for sadomasochistic
practices; and the combination of such items constitutes more than
10% of its stock-in-trade or occupies more than 10% of its net retail
floor area.
More than 5% of its stock-in-trade consists of sexually oriented
toys or novelties.
More than 5% of its net retail floor area is devoted to the
display of sexually oriented toys or novelties.
SEXUALLY ORIENTED BUSINESSAn inclusive term used to describe collectively: adult cabaret, adult media store, adult motion-picture theater, sex shop and/or other sexually oriented establishment.
SEXUALLY ORIENTED TOYS AND NOVELTIESInstruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
SPECIFIED ANATOMICAL AREASIncludes but are not limited to:
SPECIFIED SEXUAL ACTIVITIESInclude but are not limited to:
VIDEO VIEWING BOOTH OR ARCADE BOOTHAny booth, cubicle, stall or compartment that is designed, constructed or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital or other means or media, including but not limited to film, video or magnetic tape, laser disc, CD-ROM, DVD, books, magazines or periodicals, for observation by patrons therein. A video viewing booth shall not mean theater, indoor commercial recreation, or a room or enclosure or portion thereof that contains more than 600 square feet.
An enclosed structure not intended for residential occupancy,
which is accessory to the principal use of the property and is typically
used to store personal and household property.
A paved, surfaced or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
That portion of the right-of-way that lies between the edge
of the right-of-way line and curbline, regardless of whether the sidewalk
exists.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
Any object, device, display or structure, or parts thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images. This excludes national or
state flags, window displays, graffiti, athletic scoreboards, or the
official announcements or signs of governments.
Figure 2.18 Typical Sign Types
(Source: The New Illustrated Book of Development Definitions,
1993)
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Unless specifically defined elsewhere in this chapter, the following words and phrases when used in Article XIII of this chapter relating to exterior signs and outdoor display structures shall have the meaning given to them in this subsection below unless the context clearly indicates otherwise:
SIGN, BILLBOARDSee "billboard."
SIGN, CANOPY OR MARQUEEA sign that is mounted, painted or attached to a canopy or marquee that is otherwise permitted by this chapter.
SIGN, CONSTRUCTIONA temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, planners, contractors or similar artisans, and the owners, financial supporters, sponsors and similar individuals or firms having a role or interest with respect to the structure or project.
SIGN, DIRECTIONALA sign limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance" and "exit."
SIGN, ELECTIONA sign associated with a candidate for elective office or with an issue(s) that is on a ballot of a public election.
SIGN, FREESTANDINGA sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
SIGN, GROUNDAny sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure. See Figure 2.18, Typical Sign Types.
SIGN HEIGHTThe vertical distance measured from the average surrounding ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols, when not accompanied by lettering, shall not be restricted by the sign heights of this chapter when attached to a tower or spire of a place of worship.
SIGN, IDENTIFICATIONA sign giving the nature, logo, trademark or other identifying symbol and address of a building, business development or establishment in the premises where it is located.
SIGN, INFLATABLEAny display capable of being expanded by air or other gas and used in a temporary basis to advertise a product or event.
SIGN, OFF-PREMISESA sign which directs attention to an object, product, service, place, activity, person, institution, organization or business that is primarily offered or located at a location other than the lot upon which the sign is located.
SIGN, OPINIONA sign expressing or demonstrating an opinion, protected as free speech.
SIGN, PORTABLE ("SIDEWALK SIGN" or "A FRAME" SIGN)A sign not permanently attached to the ground, capable of standing without support or attachment. See Figure 2.18, Typical Sign Types.
SIGN, PROJECTINGA sign that is wholly or partly dependent upon a building for support and that projects more than 12 inches from such building. See Figure 2.18, Typical Sign Types.
SIGN, REAL ESTATEA sign relating to the property upon which it is located, offering such property for sale or lease.
SIGN, ROOFA sign that is mounted on the roof of a building or that is wholly dependent upon a building for support and that projects above the top walk or edge of a building with a flat roof, the eave line of a building with a gambled or gable or hip roof, or the deckline of a building with a mansard roof. See Figure 2.18, Typical Sign Types.
SIGN, TEMPORARYAny sign or advertising display designed or intended to be displayed for a short period of time.
SIGN, WALL (PARALLEL)A sign primarily supported or painted on a wall of a building. A wall sign shall also include a sign displayed upon an awning, marquee or canopy. See Figure 2.18, Typical Sign Types.
SIGN, WINDOWA sign which is attached to a window or transparent door or that can be read through a window or transparent door. See Figure 2.18, Typical Sign Types.
A parcel of land located in a municipality, established by
a plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel and depicts details of a proposed
development.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed by a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
An alternative energy system which includes any solar collector
consisting of one or more cell(s), panel(s) or array(s) designed to
collect and convert solar power into another form of energy, such
as electricity or heat, and other structures and buildings used in
the conversion, storage and distribution, including electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
An establishment where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include an automobile wrecking, junk and scrap
storage and sales establishment; leaf composting; clean fill; or septage
or sludge application.
See the MPC regarding special exceptions.
A paved surface designed to accommodate a motor vehicle waiting
for entry to any drive-in facility or other similar auto-oriented
use, which is located in such a way that a parking space or access
to a parking space is not obstructed.
A roofed (covered) or unroofed (uncovered) open area, other
than a porch, constructed of concrete or masonry, providing direct
access to and from a building.
See Chapter 160 of this Code, relating to buildings.
A watercourse, other than a lake or pond, having a source,
terminus, bank, and channel through which waters flow at least periodically.
See the MPC. Streets shall conform to one of the following
categories:
ALLEYA secondary or service road that is generally parallel to a primary local, collector or arterial street, and which generally abuts and provides access to the rear of lots. Alleys are generally on the same level as a local street and are used in cases of narrow lot frontages. For purposes of this chapter, the following streets listed in Table 2-1, Alleys, shall be considered alleys:
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Table 2-1
Alleys
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|---|---|
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Apple Street/Alley
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Attick Street/Alley
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Cherry Street/Alley
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Elm Street/Alley
| |
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Erb Street/Alley
| |
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King Street/Alley
| |
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Murdock Street/Alley
| |
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Oak Street/Alley
| |
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Pear Street/Alley
| |
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Pike Street/Alley
| |
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Plum Street/Alley
| |
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Queen Street/Alley
| |
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Quince Street/Alley
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Walker Street/Alley
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Walnut Street/Alley
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Any other public street/alley with a right-of-way less than
or equal to twenty-four-foot width
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ARTERIALFor purposes of this chapter, the following streets listed in Table 2-2, Arterial Streets, shall be considered arterial streets:
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Table 2-2
Arterial Streets
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|---|---|
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Derry Street
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Paxtang Avenue
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COLLECTORFor purposes of this chapter, the following streets listed in Table 2-3, Collector Streets, shall be considered collector streets:
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Table 2-3
Collector Streets
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|---|---|
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29th Street
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Park Terrace
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Wilhelm Road
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LOCALFor purposes of this chapter, local streets shall include all roads and streets not otherwise identified as arterial streets, collector streets or alleys.
A line defining the edge of a street right-of-way and separating
the street from an abutting property or lot. The street line shall
be the same as the legal right-of-way line or the ultimate right-of-way
line.
See the MPC.
A structure customarily incidental and subordinate to and
detached from the principal building or structure on the same lot,
the use of which is customarily incidental to that of the principal
structure on the lot. An accessory structure shall exclude any vehicle
as defined by the Pennsylvania Motor Vehicle Code.
The vertical distance of a structure, other than a building,
measured from the average elevation of the finished grade surrounding
the structure to the highest point of the structure.
The main, primary or predominant structure on a given lot,
tract or parcel.
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
An individual registered for instruction at a school within
a given calendar year.
See Chapter 370 of this Code, relating to subdivision and land development.
See Chapter 160 of this Code, relating to buildings. Stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction. Furthermore, this definition includes all aboveground and below-ground, permanent and temporary/portable types of pools, spas and Jacuzzis®.
A licensed establishment in which the principal business
activity, either in terms of operation or as advertised, is the practice
of one or more of the following:
Placing of designs, letters, figures, symbols or other marks
upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin; or
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration and as licensed to operate
as such by applicable entities.
An establishment which serves primarily alcoholic beverages
for mostly immediate on-premises consumption and which is licensed
by the Pennsylvania Liquor Control Board but may also include the
incidental sale of food. Taverns and bars shall not be construed to
be a sexually oriented business and/or related use as defined in this
article.
A level, landscaped and/or surfaced area, also referred to
as a patio, directly adjacent to a principal building at or within
three feet of the finished grade and not covered by a permanent roof.
An establishment with a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
An establishment upon an open lot or part thereof, with its
appurtenant facilities, devoted primarily to the showing of moving
pictures or theatrical productions, on a paid admission basis, to
patrons seated in automobiles or on outdoor seats.
Defined by the Massage Therapy Law, Act 118 of October 9,
2008, as amended, 63 P.S. § 627.1 et seq.
An establishment where massage therapy services are provided
by a person having a valid license in accordance with the Massage
Therapy Law, Act 118 of October 9, 2008, as amended, 63 P.S. § 627.1
et seq., from the Pennsylvania State Board of Massage Therapy, the
Bureau of Professional and Occupational Affairs. Therapeutic massage
facilities shall not be construed to be a sexually oriented business
and/or related use as defined in this article.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products. Includes tree harvesting and logging.
An establishment, other than a prison or a hospital, providing
housing for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a structure.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Pennsylvania
Department of Labor and Industry; applicable to residential and commercial
buildings, the code adopted the International Residential Code (IRC)
and the International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
An allocation of space within a structure that is independent
of other such space and that constitutes a separate use. This shall
include both fee simple ownership and leaseholds.
An educational establishment, authorized by the Commonwealth
of Pennsylvania as such to award associate, baccalaureate or higher
degrees, including principal uses for classrooms, libraries, auditoriums,
gymnasiums, stadiums, administrative offices, dormitories and dining
facilities, boardinghouses, maintenance and operating facilities,
as well as ancillary uses, such as research facilities, retail services
and businesses that support student, faculty and staff needs.
The specific purpose or activity for which land and/or structures
are designed, arranged or intended, occupied and/or maintained.
A use customarily incidental and subordinate to the principal
use or the principal structure and located on the same lot with such
principal use or principal structure. If no principal use or principal
structure exists on a lot with an accessory use, then such accessory
use shall only be considered a principal use.
The main, primary or predominant use of any lot, tract, parcel
of land or structure.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
A line built and maintained in order to transport materials,
utilities or services by underground or aboveground means, including
gas, electric, oil, cable, water, sewage, telephone, fiber-optic cables,
stormwater, computer lines and other lines.
Any establishment whose principal product line for retail
sale is ENDS devices, parts, components, or e-liquids. "Principal"
means that the ENDS-related products constitute at least 25% of the
establishment's aggregate retail sales.
[Added 5-19-2020 by Ord. No. 670]
See the MPC.
An area covered with a vegetative material, including grass,
shrubs, vines, trees and other landscaping.
A qualified professional trained in the care and treatment
of animals.
A personal service establishment primarily involving the
treatment, by a veterinarian, of small animals and household pets.
No outdoor keeping or boarding of animals shall be permitted.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials,
either singularly or in combination, to provide screening or divide
one property from another property or public street right-of-way);
enclosing an area; helping assure privacy or protection and/or define
or mark the property or lot line(s).
An establishment used primarily for the indoor storage and
handling of products, supplies or equipment, but not including the
maintenance or fueling of commercial vehicles.
An establishment involving the storage, wholesale and/or
distribution of manufactured products, supplies and equipment, but
excluding bulk storage of materials that are inflammable or explosive
or that create a hazard, or commonly recognized offensive conditions,
and also excluding any heavy equipment or truck washing, servicing
and/or repair, unless such uses are specifically permitted in that
zoning district. Wholesaling of products, supplies and equipment shall
not be open to or accessible by the general public, unless incidental
to the principal warehousing operation.
See Chapter 360 of this Code, relating to stormwater management.
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
A wind energy system direct-current generator used for charging
storage batteries.
A wind energy system that supplies energy primarily for off-site/off-premises
use.
A device such as a wind charger, wind turbine, or other electric-generation
facility designed to convert wind power into another form of energy
such as electricity or heat, and which consists of one or more wind
turbines and other structures and buildings, including meteorological
towers, electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower and pad transformer, if any.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
See Chapter 160 of this Code, relating to buildings.
Figure 2.19 Typical Setbacks and Yards, Interior Lots
|
Figure 2.20 Typical Setbacks and Yards, Corner Lots
|
The yard area extending across the full width of the lot
and contained between the building line of the principal structure
and the front lot line or street line, excluding alleys, measured
perpendicular to the building line of said structure at the closest
point to the front lot line. Corner lots shall have two front yards.
See Figure 2.19, Typical Setbacks and Yards, Interior Lots, and Figure
2.20, Typical Setbacks and Yards, Corner Lots.
A front yard on a corner lot directly abutting the street
of address.
The yard area extending across the full width of the lot
and contained between the building line of the principal structure
and the rear lot line, which may include street lines created by alleys,
measured perpendicular to the building line of said structure at the
closest point to the rear lot line. Corner lots shall have one rear
yard, extending from the applicable front yard to the side lot line
as well as from the rear lot line to the side yard. See Figure 2.19
Typical Setbacks and Yards, Interior Lots and Figure 2.20 Typical
Setbacks and Yards, Corner Lots.
Any front yard on a corner lot that is not designated as
the primary front yard.
The yard area(s) extending from the front yard to the rear
yard and contained between the building line of the principal structure
and any side lot line(s), measured perpendicular to the building line
of said structure at the closest point to the nearest side lot line.
Corner lots shall have one side yard. See Figure 2.19, Typical Setbacks
and Yards, Interior Lots, and Figure 2.20, Typical Setbacks and Yards,
Corner Lots.
A section of Paxtang Borough designated in this chapter text
and delineated on the Zoning Map, in which requirements for the use
of land, structures and building and development standards are prescribed.
The map setting forth the boundaries of the zoning districts of the Paxtang Borough, which shall be part of this chapter; the Official Zoning Map listed in Article III of this chapter.
The administrative officer appointed by the Paxtang Borough
Council to administer this chapter and issue zoning permits.
A document signed by a Zoning Officer, as required in this
chapter, as a condition precedent to the commencement of a use or
the erection, construction, reconstruction, restoration, alteration,
conversion or installation of a structure, that acknowledges that
such use and/or structure complies with the provisions of this chapter
or authorized variance therefrom. See "building permit."
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: Chapter 2620 was rescinded in 2005 to read
as set forth in Annex A of the title.
