[Ord. 12/21/1998, § 200]
As used in this chapter, words expressed in their singular include
their plural meanings, and words expressed in their plural include
their singular meanings. The word "person" includes a corporation,
unincorporated association, and/or a partnership, as well as an individual.
The word "may" is permissive; the words "shall" and "must" are mandatory.
Words used in the present include the future tense.
[Ord. 12/21/1998, § 201; as amended by Ord. 385,
9/7/1999, § 1; and by Ord. 405, 12/8/2003, § 1]
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
An establishment having as a substantial or significant portion
of its stock or trade, movies, shows, books, magazines, and other
periodicals which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to sexual activities
or specific anatomical areas. As used herein, "sexual activities"
means and includes any of the following: 1) the fondling or other
erotic touching of human genitals, pubic region, buttocks, anus, or
female breasts; 2) sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation, or sodomy; 3) masturbation,
actual or simulated; or 4) excretory functions as part of or in connection
with any of the activities set forth in this definition. As used herein,
"specified anatomical areas" means and includes any of the following:
1) less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately
above the top of the areolae; or 2) human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
A residential community that may include single-family detached,
two-family, single-family semi-detached, townhouse, or multi-family
dwellings, or a combination thereof, and that is occupied solely by
persons who are 62 years of age or older, and adheres to a policy
that demonstrates intent to house persons who are 62 years of age
or older.
A minor way, whether or not legally dedicated, intended and
used primarily for vehicular service access to the rear of properties
which abut on a street, and not intended for the purpose of through
vehicular traffic.
A dwelling unit within a multi-family dwelling.
An existing dwelling unit that has been converted or will
be converted to individual dwellings for more than one family, without
substantially altering the exterior of the building.
A landowner or developer, as hereinafter defined, who has
filed an application for subdivision, land development, a zoning permit,
or action before the Zoning Hearing Board, including his heirs, successors,
and assigns.
A multi-family residential care facility designed and managed
for residents who require only intermittent cooking, nutrition, ambulatory,
recreation, and similar care to sustain the activities of daily living,
and that is occupied solely by persons who are 62 years of age or
older, and adheres to a policy that demonstrates intent to house persons
who are 62 years of age or older.
A business, located in a residential environment, which provides
for sleeping arrangements and breakfasts in a residential environment
for transient guests, in return for compensation to the owner of the
establishment.
Any sign that communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than where the sign is located.
Such signs shall not include off-premises directional signs, as defined
herein.
The Borough of New Oxford.
A combination of materials which forms a permanent structure
having walls and a roof, including, but not limited to, all mobile
homes and trailers.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs, and to the mean height between eaves and ridge for gable, hip,
and gambrel roofs.
A certificate issued and enforced by the Zoning Officer after
completion of the construction of a new building or after a change
or conversion of the structure or use of a building, and prior to
the use of said structure or building, which certifies that all requirements
and regulations as provided herein, as well as all other applicable
requirements, have been satisfied. See also, "zoning permit."
A building or structure where care, protection, and supervision
are provided, for a fee, on a regular schedule to four or more persons,
including, but not limited to, minor children and aged, infirm, or
other dependent adults.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common area
to be used solely by the owners of those portions. Real estate is
not a condominium unless the undivided interests in the common elements
are vested in the unit owners.
The County of Adams, Pennsylvania.
Any landowner, agent of such landowner, tenant with the permission
of such landowner, or one authorized and empowered by a land-owner,
who makes or causes to be made a subdivision of land or a land development
or a resubdivision.
An establishment that, by design of physical facilities,
encourages or permits high volumes of customer traffic to obtain common
goods and/or services during a short visit. Such establishments include,
but are not limited to, convenience stores and branch banks.
An establishment that, by design of physical facilities,
encourages or permits customers to receive goods and/or services from
a service window while remaining inside their automobiles.
A building used by two families, with one dwelling unit located
above or on top of the other.
Any building which is designed to include one or more units
for permanent human residency; but not including hotels, boarding
houses, tourist cabins, motels, fraternity houses and other accommodations
used for transient occupancy.
An independent housekeeping unit consisting of living quarters
of one or more rooms with cooking, sleeping, and sanitary facilities,
arranged for use by one or more individuals.
A dwelling occupied by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A dwelling containing dwelling three or more dwellings, each
of which has primary ground floor access to the outside and which
are attached to each other by party walls without openings.
A building containing one dwelling unit, and having no party
wall in common within adjacent property.
A building containing one dwelling unit, and having a party
wall in common with one adjacent property.
A dwelling containing two dwelling units, arranged either
in a side-by-side fashion sharing one common party wall or with one
unit arranged over the other. See also the definition of "twin."
An exterior wall of a building exposed to public view.
The facade parallel or nearly parallel to the public or private
street upon which the building has its primary frontage. The front
facade usually contains the primary entrance to the building.
The facade parallel or nearly parallel to the side property
line of the building.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for no more than 10 residents
and such supervisory personnel as required by the licensing agency.
Such facilities may provide supervisory and rehabilitative services,
but medical care or nursing supervision shall not be provided. Such
residents may include physically or mentally handicapped, elderly
or similar residents.
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein, provided that the use is clearly incidental and
secondary to the use of the dwelling for residential purposes.
A building consisting of lodging rooms designed or occupied
primarily as the temporary place of abode of individuals who are lodged
for compensation (with or without meals), in which provisions for
cooking are generally not made in individual rooms or suites.
A residential facility designed and managed for residents
that includes self-sufficient residential opportunities for residents
while, at the same time, providing access to limited nonmedical services
needed to sustain the activities of daily living, and that is occupied
solely by persons who are 62 years of age or older, and adheres to
a policy that demonstrates intent to house persons who are 62 years
of age or older. Such a facility may include single-family detached,
single-family semidetached, two-family, townhouse, or multi-family
dwellings.
A building or structure constructed on a vacant lot within
a previously developed area of the Borough.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups, or other features.
A subdivision of land.
Development in accordance with § 503(1.1) of the Pennsylvania
Municipalities Planning Code, Act 170, as amended.
The total floor area within a dwelling unit devoted to occupiable
space. In calculating the living area for a dwelling unit, the floor
area devoted to closets, or other storage areas, internal or external
stairwells, and utility rooms shall not be included in the calculations.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or build upon as a unit.
The area contained within the property lines of a lot, excluding
any street right-of-way or driveway easement providing access to an
adjoining property.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
A building occupied by more than one of the following types
of uses: specialty retail commercial, residential or professional
office uses.
A transportable, single family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designated
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel or contiguous parcels of land which has been designated
that it contains two or more mobile home lots for the placement thereon
of mobile homes.
A building or group of buildings, whether detached or in
connected units, containing individual sleeping or dwelling units
and used primarily for transient automobile travelers, together with
off-street parking facilities. The terms "automobile court," "tourist
court," "motor lodge," and "motor hotel" shall be used interchangeably
with the term "motel," and shall have the meaning set forth in this
Part.
A building or part thereof manifestly not designed to comply
with the applicable used provisions of this Chapter for the Borough
of New Oxford or amendment hereto or hereafter enacted, where such
building lawfully existed prior to the enactment of this Chapter.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provision in this
Chapter for the Borough of New Oxford or amendment hereto or hereafter
enacted, where such structure lawfully existed prior to the enactment
of such ordinance or amendment or prior to the application of such
ordinance or amendment to its location by reason of annexation. Such
nonconforming structures include, but are not limited to, nonconforming
signs.
A use, whether of land or of structure, which does not comply
with the applicable use provision of this Chapter for the Borough
of New Oxford or amendment heretofore or hereafter enacted, where
such was lawfully in existence prior to the enactment of such ordinance
or amendment, or prior to the application of such ordinance or amendment
to its location by reason of annexation.
A residential care facility that provides food, shelter,
assistance with daily activities, and regular medical attention excluding
emergency and surgical services, and that is occupied solely by persons
who are 62 years of age or older, and adheres to a policy that demonstrates
intent to house persons who are 62 years of age or older.
Any lot, municipally or privately owned for off-street parking
facilities, providing for the transient storage of automobiles or
motor-driven vehicles.
The space within a building or a lot or parking lot for the
parking or storage of one motor vehicle off the right-of-way of a
public street or road.
A group of retail stores and/or personal service establishments
planned and designed to function as a unit, and having off-street
parking and a landscaping plan as an integral part of the unit.
A group of townhouses, which share common parking, recreation,
and landscaping areas and which is designed as an integral architectural
and landscape architectural entity, developed on a single parcel of
land.
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include
but not be limited to, service and political organizations, labor
unions, as well as social and athletic clubs. The definition of "private
club" shall not include adult-related facilities, off-track betting
parlors, golf courses, shooting ranges, nightclubs, campgrounds and
airports.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A residential and/or care complex including one or more of
the following types of facilities, as herein defined: Independent
Living Facility, Assisted Living Facility, and Nursing Home.
A strip of land acquired by reservation, dedication, forced
dedication prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses
to allow the right of one to pass over the property of another.
See "dwelling, single family attached."
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, method, symbol(s) or writing to
advertise, announce, indicate the purpose of, or communicate information
of any kind to the public.
A sign located for the purpose of providing directions towards
or indication of use not readily visible from the street. Such a sign
may be located either on or off the premises of the use to which the
sign is providing direction.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
Any sign, located along a major thoroughfare within the Borough,
which provides directions to either vehicular or pedestrian traffic
to a commercial or noncommercial establishment located on a parcel
of land, within the Borough, separate from the parcel on which the
sign is located.
Any sign affixed to a building or wall in such a manner that
its leading edge extends more than six inches beyond the surface of
such building or wall.
A sign, with or without a structural frame, and intended
for display for a limited period of time. Such signs include, but
are not limited to, real estate sale or rental signs, garage or yard
sale signs, contractor signs, and political signs.
Any sign attached parallel to, but within six inches of,
a wall painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
A use permitted in a particular zoning district pursuant to the provisions of Part 14 of this Chapter.
An existing or platted way dedicated for the use of the general
public, graded and paved or to be graded and paved, in order that
the general public has the right to pass and to use it at all times,
for all purposes of travel, transportation or parking to which it
is adopted, devoted, and not otherwise restricted.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution of heirs or devises, transfer of ownership or building
or lot development.
A series of three or more single family dwelling units attached
by one or more common walls.
A single building, meeting the definition of the term "Townhouse,"
constructed on a vacant lot in a previously developed area of the
Borough, situated on the site such that the main entrance to each
dwelling unit faces the street and such that all parking is located
to the rear of the building.
A building containing two adjoining dwelling units, with
the dwelling units arranged in a side-by-side fashion and sharing
a common party wall. Also defined as a single-family semidetached
dwelling.
Relief granted to specific requirements of this Chapter pursuant to the applicable provisions of Part 14 of this Chapter and consistent with Article IX of Act 170 of 1988, the Pennsylvania Municipalities Planning Code.
A space which is open to the sky and unoccupied by any building,
structure or merchandise for display or sale, and which is located
on the same lot with a building or structure.
A yard on the same lot with a main building extending the
full width of the lot, and situated between the lot line and the front
building setback line.
A yard on the same lot with a main building, extending the
full width of the lot and situated between the rear lot line and the
required rear building line.
A yard on the same lot with a main building, situated between
a side line and the corresponding building line, and located between
the front yard and the rear yard.
A municipal official duly appointed by the Borough Council
of the Borough of New Oxford, or an official of County government
or a consulting firm, appointed by the Borough Council through a contractual
arrangement, to administer and enforce this Chapter.
A permit required by this Chapter for the Borough of New
Oxford to ensure compliance with the applicable sections of this Chapter,
and which must be obtained before any construction, structural modification,
or changes in use proceed. See also, "certificate of occupancy."
