[Ord. 284 (86-2), 8/14/1986, § 201]
Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this Part.
[Ord. 284 (86-2), 8/14/1986, § 202]
1.
Unless otherwise expressly stated the following shall, for the purpose
of this Part, be interpreted in the following manner:
A.
Words used in the present tense imply the future tense.
B.
Words used in the singular imply the plural.
C.
The word "person" includes a partnership or corporation as well as
an individual.
D.
The word "shall" or "must" is to be interpreted as mandatory; the
word "may" as directory and complied with unless waived.
E.
The word "lot" includes the word "plot" or "parcel," "tract" and
any other term referring to a portion of land.
[Ord. 284 (86-2), 8/14/1986, § 203; as amended
by Ord. 336 (92-3), 5/6/1992, § 1; by Ord. 365 (95-4), 1/2/1996,
§ 1; and by Ord. 490 (2017-05), 10/18/2017]
For the purposes of this Part, the following words and phrases
have the meaning given herein:
A solar energy system that requires external mechanical power
to move the collected heat.
Any person who, with authority in form required by the Borough
Council, takes action in any manner under this chapter for the owner
or developer.
The production and preparation for market of crops, livestock
and livestock products and the production, harvesting and preparation
for market or use of agricultural, agronomic, horticultural, silvicultural
and aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers in southern York County or are consistent with technological
development within the agricultural industry in southern York County.
[Added by Ord. No. 503, 8/19/2020]
As applied to a building or structure, any change or rearrangement
in the total floor area, or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.
The angular distance from the horizon to the sun (solar energy
definition).
One thousand pounds live weight of livestock or poultry animals
regardless of the number of individual animals comprising the unit.
[Added by Ord. No. 503, 8/19/2020]
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits, and birds or
fowl.
The angular distance between true south and the point on
the horizon directly below the sun (solar energy definitions). Sometimes
referred to as "bearing."
A story having part but not more than 1/2 of its height below
the average level of the adjoining ground.
A single-family residence or portion thereof containing not
more than three guest rooms which are used by not more than 12 guests
where rent is paid in money, goods, labor or otherwise.
An area bounded by streets.
Any structure or edifice designed or intended for use as
an enclosure, a shelter, or for protection of person, animals or property.
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DETACHED — A building which has no party wall.
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SEMI-DETACHED — A building which has only one party wall
in common.
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ATTACHED — A building which has two or more party walls
in common.
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The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
The total overall height of a building measured from the
basement floor or grade level (if no basement exists) to the highest
point of the roof.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the center lines of both streets.
An area of land in single ownership to be developed as a
residential community in which the dimensions of individual lots may
be reduced, but in which common areas are provided so that the overall
density required in that zoning district is maintained. A type of
planned residential development (PRD).
A use of land, buildings, facilities or structures, owned
or operated by a corporation, association or persons, for a social,
entertainment, educational, service or recreational purpose, active
or passive, and operated as a business and open to the general public,
with or without a fee.
[Added by Ord. No. 493, 5/16/2018]
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment or residents of the development, not including
streets, off-street parking areas, and areas set aside for public
facilities. Common open space shall be substantially free of structures
but may contain such improvements as are in the development plan as
finally approved and as are appropriate for the recreation of residents.
The plan, or parts thereof, as may be adopted by the Glen
Rock Borough Planning Commission as the municipal or regional comprehensive
plan, showing its recommendations for such systems as land use, parks
and recreation facilities, water supply, sewerage and sewage disposal,
garbage disposal, transportation, highways, civic centers and other
public improvements which affect the development of the Borough.
Any structure containing sleeping rooms where persons are
housed or lodged and furnished with meals and nursing care.
A retail store which primarily offers food and related items
but which may also dispense fuel.
Any energy system, including supply elements, furnaces, burners,
tanks, boilers, related controls, and energy-distribution components,
which uses any source(s) of energy other than solar energy. These
sources include, but are not limited to, gas, oil, coal, and nuclear
materials but exclude windmills.
Any premises in which supervised care is provided in lieu
of parental care for seven or more persons under 16 years of age away
from their own homes. Day care may include an education/motivation
curriculum or may simply provide a supervisory care facility to house
and provide meals for the children of parents in need of such a facility.
The provisions for development of a planned residential development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space and public facilities.
A commercial establishment, including a drive-in eating establishment,
offering articles or services which are either purchased or consumed
on the premises and which has a greater area devoted to the purchase
and consumption of such articles and services on the outside than
on the inside of the building.
A minor vehicular right-of-way providing access between a
street and a parking area or garage within a lot or property.
A building or structure designed for living quarters for
one or more families, including mobile homes, but not including rooming
houses, convalescent homes, motels, hotels, and tourist homes or other
accommodations used for transient occupancy.
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SINGLE-FAMILY — A building designed and occupied exclusively
as a residence for one family.
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TWO-FAMILY — A building designed and occupied exclusively
as a residence for two families.
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MULTIPLE-FAMILY — A building designed and occupied as
a residence for three or more families living independently of each
other and doing their own cooking; including apartment houses, row
houses, or townhouses.
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A group of two or more single-family, two-family, or multifamily
dwellings occupying a lot in one ownership.
Any structure, or part thereof, designed for occupancy by
not more than one family for living purposes and having complete housekeeping
facilities.
A limited right of use granted on private land for public
or quasi-public purpose.
Any public eating place where food is prepared and sold for
consumption either on or off the premises.
Equipment consisting of containers, exchangers, piping, and
other transfer mechanisms (including fluids, gases, or solids), controls,
and related structural support for transporting and storing collected
energy (from solar energy system), including structural elements designed
for use in passive solar energy systems.
One or more persons who live in one dwelling unit and maintain
a common household. May consist of a single person or two or more
persons, whether or not related by blood, marriage, or adoption. May
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodging, or rooming house.
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products, including
necessary farm structures and the storage of equipment customarily
incidental to the primary use.
A relatively flat or low land area adjoining a stream, river,
or watercourse which is subject to partial or complete inundation;
or any area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, bathroom,
closets, hallways, stairways, but not including cellars or attics,
or service rooms or areas such as utility rooms, nor unheated areas
such as enclosed porches. Earth-sheltered dwellings, designed as such,
shall include the aggregate of area used for habitation as defined
above whether or not all or a portion is below ground level.
(1) the right-of-way width required for the expansion of
existing streets to accommodate anticipated future traffic loads;
(2) a right-of-way established to provide future access to or through
undeveloped land.
A use primarily involved in horticulture, which may include
the sale of plants grown on the premises and goods and materials used
in their production.
Any dwelling or portion thereof which is designed or used
for three or more persons unrelated to each other or to any family
occupying the dwelling unit and having common eating facilities. Group
quarters shall include, but not be limited to, fraternity and sorority
houses, dormitories and other quarters of an institutional nature.
Such quarters must be associated with a parent religious, educational,
charitable or philanthropic institution.
A room which is intended, arranged or designed to be occupied
or which is occupied by one or more guests but in which no provision
is made for cooking and not including dormitories for sleeping purposes.
Residential noncommercial guest rooms shall be within or attached
to the principal residence and shall be part of the residential utility
(sewer, electric, etc.) service line.
A special type of accessory use. It is an occupation or profession
which:
Is carried on only in a dwelling unit or accessory structure.
Is carried on by a member of the family residing in the dwelling
unit.
Is clearly incidental and secondary to the use of the dwelling
unit for residential purposes.
Is limited to items produced on site or items incidental to
the home occupation.
A place for the diagnosis, treatment, or other care of humans
and having facilities for in-patient care.
An industrial park is an industrial area:
Organized and laid out in accordance with an overall plan for
a community of industries including the servicing of these industries.
Designed to insure compatibility between the industrial operations
in the park and the surrounding area through such devices as landscaping,
architectural control, setbacks, and use requirements.
The total amount of solar radiation (direct, diffuse, and
reflected) striking a surface exposed to the sky.
A lot, land or structure, or part thereof, used primarily
for the collecting, storing and selling of wastepaper, rags, scrap
metal or discarded material, or for the abandoning, collecting, dismantling,
demolishing, storing and salvaging of machinery or vehicles not in
running condition, and for the sale of parts thereof.
Any building or buildings and/or land used for the Boarding,
breeding or training of four or more dogs, cats, fowl or other small
domestic animals at least four months of age and kept for purposes
of profit, show, hunting or as pets but not to include riding stables
or cases involving animals raised for agricultural purposes.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under lease to exercise the rights of the landowner, or
other person having a propriety interest in land.
Includes, but not be limited to, grass and other live plantings
such as trees, shrubs and bushes.
Animals including, but not limited to, cattle, swine, sheep,
goats, poultry, donkeys, mules, horses and ponies raised primarily
for the production of food or fiber, or for recreation or sport.
[Added by Ord. No. 503, 8/19/2020]
An off-street space suitable for the loading or unloading
of goods and having direct usable access to a street or alley.
A map showing the site with relation to adjoining areas.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property lines of the individual
parcels of land as shown on a land development plan, excluding any
area within a street right-of-way, but including the area of any easement.
A percentage which when multiplied by the lot area will determine
the permitted building coverage area.
The required distance between the side property lines measured
along the building setback line.
Minor streets, parallel and adjacent to major traffic streets
providing access to abutting properties and control of intersections
with the major traffic street.
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to people on an outpatient basis.
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for the placement thereof of mobile homes.
A multifamily or two-family dwelling constructed by converting
an existing building into apartments for more than one family, without
substantially altering the exterior of the building.
A use, structure, lot or dimension in conflict with the regulations
of this chapter, (1) existing on the effective date of this chapter,
or (2) existing at any subsequent amendment of this chapter, or (3)
created by variance. Specifically, the following types of nonconformities
are distinguished:
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NONCONFORMING LOT — A lot, the area or dimension of which
was lawful prior to the adoption or amendment of this Part, but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption or amendment.
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NONCONFORMING STRUCTURE — A structure or part of a structure
manifestly not designed to comply with the applicable use provisions
of this chapter or any amendment thereto, where such structure lawfully
existed prior to the enactment of this chapter or amendment or prior
to the application of this chapter or amendment to its location by
reason of annexation. Such nonconforming structures include, but are
not limited to, nonconforming signs.
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NONCONFORMING USE — A use, whether of land or of a structure,
which does not comply with the applicable use provisions in this chapter
or any amendment heretofore or hereafter enacted, where such use was
lawfully in existence prior to the enactment of this chapter or amendment,
or prior to the application of this chapter or amendment to its location
by reason of annexation.
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A percentage which when multiplied by the lot area will determine
the required unbuildable area of the lot. However, paved area is to
be considered as part of the required open area.[1]
The owner of record of a parcel of land.
A unit of land which meets all of the following criteria:
A building where passenger vehicles may be stored for short-term,
daily, or overnight off-street parking.
An open lot where motor vehicles, which have current registration
and are in operational condition, may be stored for short-term, daily
or overnight off-street parking. Short-term shall be defined as not
exceeding 24 hours.
An off-street space available for the parking of one motor
vehicle, which has current registration and is operational and having
direct usable access to a street or alley.
A solar energy system that uses natural properties of materials
and architectural components to collect and store solar energy without
using any external mechanical power.
A percentage which when multiplied by the lot area will determine
the permitted open area which may be paved with an impervious surface
(ex.: driveways, parking areas).
Personal service business shall include barber and beauty-shops,
self-service laundry and dry cleaning establishments, laundromats,
radio and television repair, repair shops for home appliances, tools,
bicycles, guns, locks, shoes and watches, tailor and dressmaking shops
or any other establishment of similar nature providing personalized
service to customers.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of this chapter.
An office which generally operates on an appointment basis.
Business offices shall include advertising agencies, opticians'
offices, personnel agencies, and travel and ticket agencies. Professional
offices shall include offices of accountants, actuaries, architects,
attorneys, clergy, dentists, designers, engineers, insurance and bonding
agents, manufacturing representatives, physicians, real estate agents,
teachers, and miscellaneous consulting services. Also included are
offices of a governmental agency, social service organization, magisterial
district judge, notary, public or private utility or political organization;
or an office of a bank, savings and loan association, credit or loan
company, collection agency, or stock and bond broker.
Owned, operated or controlled by a government agency (federal,
state or local — including a corporation created
by law for the performance of certain specialized governmental functions
and the Board of Education).
A municipal sanitary sewer system or a comparable common
or package sanitary facility approved and permitted by the Pennsylvania
Department of Environmental Protection.
A municipal water supply system, or a comparable public water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection.
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio, television and sound equipment,
sporting and camping goods, stationery, tobacco, toys and wearing
apparel. The wholesale distribution or manufacture of the foregoing
products are not included herein and are permitted only as provided
in other appropriate sections of this chapter. Among the uses not
to be interpreted as retail stores or businesses are uses specifically
provided for elsewhere in this chapter, including, but not limited
to, gasoline and motor vehicle service stations, vehicular sales and
rental, restaurants, taverns, nightclubs, hotels and motels, business
services, mortuaries, contractors' offices, mills and lumber
yards.
The portion of a street right-of-way which is paved, improved,
designated or intended for vehicular traffic.
A building where, for compensation, provisions are made for
lodging and meals for at least three but not more than 15%.
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
A place of instruction, either public or private, other than
a commercial school.
A school conducted for profit for such special instruction
as business, art, music, trades, handicraft, dancing or riding.
An evergreen vegetative material of sufficient height and
density to conceal from the view of property owners in adjoining zones
the structures and uses on the premises on which the screen planting
is located.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sales of motor vehicle
accessories at retail only, but not including major repairing, body
and fender work, painting, vehicular sales or rental or automatic
car washes.
The required horizontal distance between a setback line and
a property or street line.
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SETBACK, FRONT — The distance between the street right-of-way
line and the front setback line projected the full width of the lot.
Commonly called "front yard."
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SETBACK, REAR — The distance between the rear lot line
and the rear setback line projected the full width of the lot. Commonly
called "rear yard." Corner lots will not have rear setback but will
only have front and side setbacks.
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SETBACK, SIDE — The distance between the side lot line
and the side setback line projected from the front yard to the rear
yard. Commonly called "side yard."
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A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
A group of stores planned and designed for the site on which
it is built, functioning as a unit, with off-street parking provided
on the property as an integral part of the unit.
A device for visual communication that is used to bring the
subject to the attention of the public.
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SIGN, ADVERTISING — A sign whose major purpose if for
directing attention to a business commodity, service, or entertainment
conducted, sold or offered elsewhere than upon the same lot, such
as billboards.
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SIGN, BUSINESS — A sign directing attention to a business
or profession conducted on the same lot or, as incidental to a business,
to products sold upon the same lot.
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SIGN, DIRECTIONAL — A sign which directs people to: a
community; an event of public interest; public uses and buildings;
uses and buildings of service and charitable organizations; and uses
and buildings of commercial nature provided that no advertising matter
other than identifying name or symbol shall be contained on signs
of this type.
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SIGN, FREE-STANDING — A sign supported by uprights or
braces placed upon or in the ground and not attached to a building.
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SIGN, PROJECTING — A sign which is attached to a building
or other structure and extends beyond the line of a building or structure
or beyond the surface of that portion of the building or structure
to which it is attached.
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Any device, absorbent surface, structure or window (double
glazing or greater) which is oriented in such a fashion that it can
be utilized for the collection of solar energy and conversion of such
energy into thermal, chemical or electrical energy to supply a significant
fraction of the energy needed for space heating or for domestic hot
water.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
Any system, design, assembly or device which is used to collect,
store, and distribute energy derived from the sun for the purpose
of heating or cooling the interior spaces of buildings or for heating
domestic hot water. Solar energy systems may include, but are not
limited to, solar collectors, solar reflectors, heat storage tanks,
south facing double glazed window walls, attached south facing greenhouses
utilizing double glazing, and architectural overhangs for blocking
sunlight on south facing windows.
The space between a solar energy collector and the sun which
must be free of significant obstructions to ensure enough incident
sunlight to permit the cost effective operation of the system at least
between the hours of 9:00 a.m. and 3:00 p.m. on the winter solstice
(December 21) of each year.
A right, expressed as an easement, covenant, condition, or
other property interest in any deed or other instrument executed by
or on behalf of any landowner, which protects the solar skyspace of
an actual, proposed, or designated solar energy collector at a described
location by forbidding or limiting activities or land uses that interfere
with access to solar energy. The solar skyspace must be described
as the three-dimensional space in which obstruction is prohibited
or limited, as well as the times of day during which direct sunlight
to the solar energy collector may not be obstructed.
The orientation of any building or structure shall be considered
as facing south if its longest axis has a maximum deviation of 20°
north of due east to 20° south of due east.
The granting of the right-to-use land or the right to deviate
from stated requirements which the Zoning Hearing Board is permitted
to authorize in specific instances listed in this chapter under the
terms, procedures and conditions prescribed herein.
That portion of a building, excluding cellars, included between
the surface of any floor and the surface of the floor next above it,
or if there be no floor above it, then the space between any floor
and the ceiling next above it.
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STORY, HALF — A story under a gable, hip or gambrel roof,
the wall plates of which on at least two opposite exterior walls are
not more than two feet above the floor.
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A public or private way, excluding driveways, which affords
the principal means of access to abutting properties, intended to
be used by vehicular traffic or pedestrians. Includes street, avenue,
boulevard, road, highway, freeway, lane, alley, viaduct and any other
dedicated and accepted public right-of-way or private right-of-way.
The officially established grade of the street upon which
a lot fronts, or in its absence, the established grade of other streets
upon which the lot abuts at the midway of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. Commonly known as the street
"right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, but excluding
patios, driveways, walkways and parking areas.
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ACCESSORY — A subordinate structure or a portion of the
principal structure on a lot, the use of which is customarily incidental
to that of the principal structure.
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PERMANENT — A structure which cannot readily be removed.
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TEMPORARY — A structure which can readily be removed.
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Any pool or open tank containing, or normally capable of
containing, water to a depth at any point greater than 1 1/2
feet. Farm ponds and/or lakes are not included, provided that swimming
was not the primary purpose for their construction.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
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ACCESSORY USE — A use customarily incidental and subordinate
to the principal use or building and located on the same lot with
this principal use or building.
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PRINCIPAL USE — The main or primary use of property or
structures, measured in terms of net floor area, or where no net floor
area exists, measured in terms of net land area.
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A small building designed primarily for storage of yard and
garden equipment, bicycles and miscellaneous household items incidental
to a dwelling and of the type customarily made of prefabricated materials,
purchased, assembled and erected by the property owner.
The permission, granted by the Zoning Hearing Board, following
a public hearing that has been properly advertised, for a particular
modification to some regulation or provision of the zoning provisions
of this chapter which, if strictly adhered to, would result in an
unnecessary hardship, and where the permission granted would not be
contrary to the public interest, and would maintain the spirit and
intent of this chapter.
A business devoted to the sale of commodities in quantity
chiefly to retailers, other merchants, or industrial, institutional
and commercial users mainly for resale or business use. Such commodities
shall be limited to durable goods, sundries, dry goods and non-perishable
items.
A device which converts wind energy to mechanical or electrical
energy.
A prescribed open area on a lot, unobstructed from the ground upward except as modified in § 27-401 of this chapter.
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FRONT — An area bounded by the street line, front setback
line and side property line.
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REAR — An area bounded by the rear property line, rear
setback line and side property lines.
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SIDE — Areas bounded by side property lines, and side,
front and rear setback lines.
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[1]
Editor's Note: The definition of "outdoor commercial recreational
establishment," which immediately followed this definition, was repealed
5/16/2018 by Ord. No. 493. See now the definition of "commercial recreational
establishment" in this section.
