[Ord. 8811-14, 11/18/1988, § 215-4; as amended
by Ord. 924-5, 4/8/1992, § 1]
Words and phrases as used in this chapter shall be presumed
to be used in their ordinary context unless such word or phrase is
differently defined or interpreted in the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq., as amended, or within
this chapter.
[Ord. 8811-14, 11/18/1988, § 215-5]
1.
Unless otherwise expressly stated, the following shall, for the purpose
of this chapter, be interpreted in the following manner:
A.
Words used in the present tense imply the future tense.
B.
Words used in the singular imply the plural.
C.
The word "person" includes a partnership or corporation as well as
an individual.
D.
The word "shall" is to be interpreted as mandatory, the word "may"
as directory and complied with unless waived.
E.
The word "lot" includes the words "plot," "parcel," or "tract" and
any other term referring to a portion of land.
[Ord. 8811-14, 11/18/1988, § 215-6; as amended
by Ord. 924-5, 4/8/1992, § 2; by Ord. 9411-8, 11/9/1994;
by Ord. 957-4, 7/12/1995; by Ord. 972-1, 2/12/1997; by Ord. 9711-6,
11/12/1997, § 215-6; by Ord. 9712-7, 12/10/1997; by Ord.
987-3, 7/13/1998; by Ord. 996-8, 6/14/1999; by Ord. 2000-06-3, 6/12/2000;
by Ord. 2002-08-06, 8/12/2002; by Ord. 2008-07-03, 7/14/2008, §§ 1
and 2]
For the purposes of this chapter, the following words and phrases
shall have the meanings given herein:
A paved surface, other than a street, which provides vehicular
access from a street or a private road to a lot.
An establishment open to the general public or a private
club open to members which is used and occupied for one or more of
the following activities:
[Amended by Ord. 2013-11-1, 11/11/2013]
ADULT BOOKSTOREAn establishment in which 20% or more of the occupied sales or display area offers for sale, for rent or lease, for loan or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter, or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or which offers sexual devices for sale.
ADULT THEATERA building, or a room within a building, used for presenting motion-picture film, videotape, or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT CABARETAn establishment, club, tavern, restaurant, theater, or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy or patrons, regardless of whether the same includes sexual conduct.
BODY PIERCING ESTABLISHMENTAn establishment which, as one of its principal business purposes, offers body piercing services. "Body piercing services" shall refer to the process of breaching the skin or mucus membrane of a human for the purpose of inserting an object therein or there through, including, but not limited to, jewelry for cosmetic purposes. This definition shall not apply to ear piercing.
TATTOO PARLORAn establishment which, as one of its principal business purposes, offers tattooing services. "Tattooing services" shall refer to the method of placing designs, letters, scrolls, figures, symbols, graphics or any other marks upon or under the skin of a human with ink or any other substance, resulting in the coloration of the skin by the aid of needles or any other instrument designed to touch or puncture the skin. This definition shall not apply to medical doctors or doctors of veterinary medicine in performance of their professional duties.
The tilling of the soil, the raising of crops, horticulture
and gardening.
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.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders.
A change which includes revisions to the zoning text and/or
the Official Zoning Map; the authority for any amendment lies solely
with the Borough Council.
A building used primarily for the treatment, by a veterinarian,
of small domestic animals such as dogs, cats, rabbits and birds or
fowl. Boarding of such animals shall be for medical or surgical treatment
only.
A building occupied by three or more dwelling units.
Any landowner, lessee or his authorized agent who submits
plans, data and/or application to the Zoning Officer or other designated
Borough official for the purpose of obtaining approval thereof.
A self-propelled motor vehicle designed for the conveyance
of persons or property requiring a registration plate by the Commonwealth
of Pennsylvania for operation upon public highways, including trucks,
motor homes, and motorcycles.
An open lot for the outdoor display of new or used automobiles
or trailers when accessory to an automobile or trailer sales or display
building.
A building on a lot that is used for the repair of bodies,
chassis, fenders, bumpers and/or accessories of automobiles and other
vehicles for conveyance.
A building on a lot used primarily for mechanical and/or
body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks and similar motor vehicles.
An accessory building for the storage only of one or more
automobiles and/or vehicles accessory and incidental to the primary
use of the premises, provided that no business, occupation or service
is conducted for profit therein.
A building for the display and sale of new or used automobiles
or trailers.
A building on a lot, designed and used primarily for the
washing and polishing of automobiles and which may provide accessory
services related to washing and polishing.
The dismantling or wrecking of used automobiles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A story partly underground, but having 1/2 or more of its
height above the average level of the adjoining ground.
A single-family residence or portion thereof containing not
more than two guest rooms which are used by not more than five guests
where rent is paid in money, goods, labor, or otherwise. (See also,
"boardinghouse" and "rooming house.")
A building where, for compensation, provisions are made for
lodging and meals for at least three but not more than 15 persons.
(See also, "bed-and-breakfast inn" and "rooming house.")
Any structure on a lot having a roof, intended for the shelter,
housing or enclosure of persons, animals or chattel. (See "structure.")
[Amended by Ord. 2013-11-1, 11/11/2013]
DETACHED BUILDINGA building which has no party wall.
SEMIDETACHED BUILDINGA building which has only one party wall in common.
ATTACHED BUILDINGA building which has two or more party walls in common.
The total area taken on a horizontal plane at the mean level
of the ground surrounding the principal building and all accessory
buildings.
The total overall height of a building measured from the
grade level to the highest point of the roof.
A line parallel to the front, side or rear lot line set so
as to provide the required yard.
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
principal building.
A building in which is conducted the primary use of the lot
on which it is located.
Establishments which provide food, shelter, personal assistance,
supervision and/or medical or other health-related services for individuals
not in need of hospitalization, but who, because of age, illness,
disease, injury, convalescence or physical or mental infirmity, need
such care.
CONVALESCENT OR NURSING HOMEA licensed establishment which provides full-time residential intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.
DAY-CARE CENTERA facility licensed by the state that provides a wide range of formal day-care services for remuneration to seven or more children or adults, but not both children and adults, who are supervised by a qualified staff.
DAY-CARE HOMEA facility located in a single-family residence which provides for supervised care for remuneration to not more than six children or adults, but not both children and adults, who are not relatives of the caregiver.
DOMICILIARY CARE HOMEAn existing building or structure designated as a dwelling unit for one family which provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally or emotionally or who are aged persons.
GROUP HOMEA type of group quarters, specifically a dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. The maximum number of occupants, including any resident staff personnel, shall not exceed 16. A group home shall be directly affiliated with a parent institution which provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff and for supervision of residents by full-time resident staff.
PERSONAL CARE BOARDING HOMEA type of group quarters, specifically a premises in which food, shelter, and personal assistance or supervision are provided on a state or federal licensed basis, for a period exceeding 24 consecutive hours for at least four but not more than 16 persons who are over the age of 18, who are not relatives of the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.
A freestanding accessory structure not totally enclosed which
is primarily designed or used for parking automobiles (must meet setbacks).
A carport that is attached to the principal structure must meet all
requirements pertaining thereto, including lot coverage.
[Amended by Ord. 2013-11-1, 11/11/2013]
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the number of stories.
A certificate that is issued by the Zoning Officer. It permits
the use of a building in accordance with the approved plans and specifications
and 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 zoning permit.
An antenna or series of antennas, not exceeding six, used
for the transmission of wireless radio or telephone communications,
which are attached to an existing smokestack, water tank, church steeple,
commercial building with two or more stories or other commercial communications
tower currently existing, and which do not exceed the height of the
existing structure by more than 10 feet. 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.
A tract or parcel of land used for a wireless radio or telephone
communication tower, its support structure and any ancillary or accessory
buildings needed for the operation of the communications. 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.
A business such as a theater, bowling alley, skating rink,
gymnasium/fitness facility, or pool hall, which offers these uses
to the general public.
A type of ownership arrangement, not a land use, whereon
parts of a building typically are owned separately by persons and
other parts, such as halls, stairs, and recreation areas, are owned
jointly by such persons. A condominium may be residential, commercial
or industrial in nature.
Offices and shops for tradesmen, such as building, cement,
electrical, masonry, painting and roofing contractors.
The York County Planning Commission, being the planning agency
for the County. (See also, "Planning Commission.")
An unoccupied open space, other than a yard, on the same
lot with a building which is bounded on two or more sides by the walls
of such building.
The officially established grade of the curb in front of
the midpoint of the lot.
A commercial establishment for the manufacture or processing
of dairy products.
Final adjudication by any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq., to do so, either by reason of the
grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
York County.
An uncovered platform of wooden construction that stands
above ground level and is attached to a building. A deck shall be
considered a structure for purposes of setback.
Final action by an officer, body, or agency charged with
the administration of this chapter or applications thereunder, except
the following:
A commercial establishment, including a drive-in eating establishment,
primarily offering stand-up counter, vending machine, window or in-car
service, and/or offering prepared or standardized food for either
on- or off-premises consumption.
A minor vehicle right-of-way providing access between a street
and a parking area or garage within a lot or property. (See also,
"access drive.")
A parcel of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or other means and for whatever
purposes, of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles or part thereof or waste material of any kind.
A building or structure designed for living quarters for
one or more families, including mobile homes which are supported by
a foundation of mortared masonry or concrete construction and permanently
affixed to the land and which have the area between the ground and
body of the mobile home completely enclosed to prevent the accumulation
of debris and to provide additional stability and safety to the mobile
home; but shall not include hotels, rooming houses, convalescent homes
or other accommodations used for transient occupancy.
SINGLE-FAMILY DETACHED DWELLINGA building used by one family, having only one dwelling unit, and having two side yards.
SINGLE-FAMILY SEMIDETACHED DWELLINGA building used by one family, having one side yard, and one fire wall in common with another building.
SINGLE-FAMILY ATTACHED DWELLING (ROW)A dwelling used by one family and having two firewalls (one firewall if an end unit) in common with other dwellings, such as row houses or townhouses.
TWO-FAMILY DETACHED DWELLINGSA building used by two families, with one dwelling unit arranged over the other, and having two side yards.
TWO-FAMILY SEMIDETACHED DWELLINGA building used by two families with the dwelling units arranged side by side, having two side yards, and one fire wall in common between the two units.
MULTIPLE-FAMILY DWELLINGA single building containing three or more dwelling units without party walls between units, and at least one of the dwelling units located above or below the remaining unit(s).
One or more rooms used for living and sleeping purposes and
having a kitchen with fixed cooking facilities arranged for occupancy
by one family.
One person or two or more persons, related by blood, foster
relationship, marriage, or adoption, and in addition, any domestic
servants or gratuitous guests thereof; or one or more persons who
need not be so related and, in addition, domestic servants or gratuitous
guests thereof, who are living together in a single, nonprofit dwelling
unit and maintaining a common household with single cooking facilities.
A roomer, boarder, or lodger shall not be considered a member of the
family. Sororities, fraternities, and clubs shall not be considered
a single housekeeping unit.
Any parcel of land which is used for gain in the raising
of agricultural products, livestock, poultry or dairy products, including
necessary farm structures within the prescribed limits and the storage
of equipment customarily incidental to the primary use. For the purpose
of this chapter, a farm shall not include the raising of fur bearing
animals, riding academy, livery, boarding stables, or dog kennels.
Any wall built for the purpose of restricting or preventing
the spread of fire in a building. Such a wall begins at the foundation
of the building and extends continuously through all stories to the
roof and must be constructed of two-hour separation materials.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar, basement and attic floor areas not devoted to residential
use. All dimensions shall be measured between exterior faces of walls.
The sum of the horizontal areas of all rooms used for habitation,
such as living room, dining room, kitchen, bathroom or bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, closets, 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.
A facility licensed by the state that provides supervised
care for more than six but not more than 12 children located in a
single-family residence.
Any dwelling or portion thereof which is designed or used
for at least three but not more than eight persons unrelated to each
other or to any family occupying the dwelling unit and having common
eating facilities. Group quarters include, but are not limited to,
lodging or boardinghouses, 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.
Any dwelling or portion thereof which is designed or used
for not more than eight persons and having common eating facilities,
which is connected to a fire or ambulance station. All such persons
shall be employees or volunteers with the fire or ambulance station
that they reside within.
[Added by Ord. 2012-1-01, 1/9/2012]
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. Residential noncommercial guest rooms shall be
within or attached to the principal residence and shall be a part
of the residential utility (sewer, electric, etc.) service line.
See "public hearing."
Any of the following legal holidays: New Year's Day,
Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving
Day, and Christmas Day.
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.
An office established in a dwelling unit within which only
the following business activities may be conducted: telecommunications
(telephone, fax, etc.), computer processing, typing, keeping of files
or similar word/data transmissions, processing, or storage. Excluded
from this definition are home occupations and professional or business
offices.
A place for the diagnosis, treatment, or other care of humans
and having facilities for inpatient care, including such establishments
as a sanitarium, sanatorium or preventorium.
A building for portion thereof in which 10 or more guest
rooms are provided for occupancy, with or without meals, for compensation,
by transient or semipermanent guests, or both, and in which no provision
is made for cooking in any individual room or suite. (See "hotel,
residential"; "motel.")
A building or portion thereof containing 10 or more rooms
in which lodging is provided, with or without meals, for compensation,
and which is open to semipermanent or permanent guests, or both, and
where no provisions are made for cooking in individual rooms or suites.
(See also, "hotel"; "motel.")
A tract of land:
Organized and laid out in accordance with an overall plan for
a community of industries including the servicing of those industries.
Designed to ensure comparability between the industrial operations
in the park and the surrounding area through such devices as landscaping,
architectural control, setbacks, and use requirements.
Any structure designed primarily for residential occupancy
which is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities for installation or assembly
and installation, on the building site, i.e., modular homes.
A vehicle intended to be self-propelled that shall not be
operable under its own power for any reason, or a vehicle that shall
be without a valid current registration plate or valid current certificate
of inspection.
A motor vehicle from which parts or accessories have been
removed or that shall be inoperable as a result of damage thereto.
Any lot, land or structure, or part thereof, used primarily
for the collection, storage, and/or sale of wastepaper, rags, scrap
metal or discarded material or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition and/or
for the sale of parts thereof.
Any building or buildings and/or land used for the sheltering,
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 the purposes of animal rescue and adoption, profit or show.
[Amended by Ord. 2017-01-01, 1/9/2017]
Any ordinance or map adopted pursuant to the authority granted
by any of the following articles of the Municipalities Planning Code:
Article IV, "Official Map"; Article V, "Subdivision and Land Development";
Article VI, "Zoning"; and Article VII, "Planned Residential Development."
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if he is
authorized under lease to exercise the rights of the landowner, or
other person having a proprietary interest in land.
A public thoroughfare, other than a side street, which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
Any domestic farm animal such as cattle, donkeys, horses,
mules, burros, sheep, hogs, or goats kept for agricultural use, commercial
purposes or pleasure.
A designated parcel, tract, or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit; land occupied or to be occupied by a building
and its accessory buildings together with such open spaces as are
required under provisions of this chapter, having not less than the
minimum area and width required by this chapter for a lot in the district
in which such land is situated, and having its principal frontage
on a street or on such other means of access as may be determined
in accordance with the provisions of law to be adequate as a condition
of the issuance of a zoning permit for a building on such land.
CORNER LOTA lot at the junction of and fronting on two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if a lot is a corner lot (see Attachments 27-A through 27-D).
DOUBLE FRONTAGE LOTSA lot extending between and having frontage on two streets. The front setback regulations of the zone in which the lot is located shall apply to both street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if a lot is a double frontage lot (see Attachments 27-A through 27-D).
INTERIOR LOTSA lot having frontage on one street and adjoining on the sides and rear by other lots or by a service street (see Attachments 27-A through 27-D).
REVERSE FRONTAGE LOTA lot extending between and having frontage on a minor street and either an arterial or collector street with vehicular access solely from the minor street. The front setback regulations of the zone in which the lot is located shall apply to both street frontages (see Attachments 27-A through 27-D).
TRIPLE FRONTAGE LOTA lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to all street frontages. However, for purposes of this definition only, a service street shall not be considered a street in determining if a lot is a triple frontage lot (see Attachments 27-A through 27-D).
The area contained within the property line 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 lines bounding a lot as described in the recorded title;
also referred to as "property lines."
The required distance between the side property lines measured
along the required building setback line.
A street or highway designated in the Thoroughfare Classification
Plan as an existing or planned arterial or collector street.
A use involving the performance of massages by a person licensed
by the Pennsylvania State Board of Massage Therapy. This use shall
be considered a type of "personal service business."
[Added by Ord. 2013-11-1, 11/11/2013]
A facility providing for the enclosed storage of household
items, recreational equipment and/or classic or antique automobiles
where said items are retained for direct use by their owner who shall
have direct access thereto without intermediate handling by the proprietor
of the facility.
A structure such as an electrical transformer, mailbox, traffic
signal control device, or telephone junction box placed and maintained
by: (1) a utility coming under the jurisdiction of the Pennsylvania
Public Utility Commission or (2) the United States of America, Commonwealth
of Pennsylvania, the Borough of Red Lion or the Red Lion Municipal
Authority.
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 arrived 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 necessary
utility connections and other appurtenances necessary for the erection
thereon of a mobile home.
A parcel or continuous parcels of land which has been improved
for the placement of mobile homes for nontransient use, so designated
and improved that it contains two or more mobile home lots for the
placement thereon of mobile homes.
An open lot for the outdoor display of new or used mobile
homes.
A group of attached or detached buildings containing sleeping
rooms or living units with accessory facilities designed for temporary
use by automobile tourists or transients, including auto courts, motor
lodges and similar establishments. (See also, "hotel"; "hotel, residential.")
A multi-family 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.
Two or more independent nonresidential uses, or any combination
of residential dwelling units and one or more nonresidential use,
all uses of which are permitted in the zone and which are established
within a single principal building, provided that the regulations
established in this chapter for each individual use are satisfied,
i.e., parking and special exception standards. The principal building
itself, however, shall be considered as a single use for purposes
of access, lot area, sign regulation, lot width and setback requirements,
and such provisions shall not be cumulative for the individual uses
established within the building.
[Amended by Ord. 2013-11-1, 11/11/2013]
The home office of the elected Tax Collector for the Borough of Red Lion. The home office must meet all the relevant requirements of a home occupation as listed in § 27-624.
[Added by Ord. 2013-11-2, 11/11/2013]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added by Ord. 2013-11-1, 11/11/2013]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A use, structure, lot or dimension in conflict with the regulations
of this chapter, existing on the effective date of this chapter; existing
at any subsequent amendment of this chapter; or created by variance.
Specifically, the following types of nonconformities are distinguished:
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, 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.
DIMENSIONAL NONCONFORMITYA lot or structure which is nonconforming because it is not in compliance with the extent-of-use or dimensional regulations of this chapter.
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines, flowers and vegetables and to store equipment
customarily incidental and accessory to the primary use.
A map adopted by ordinance pursuant to Article IV of the
Municipalities Planning Code, 53 P.S. § 10101 et seq.
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.
A use of open land for leisure time activities, such as a
beach, swimming pool, tennis court, riding stable, golf course, or
drive-in theater.
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 passenger vehicles may be stored for short-term,
daily, overnight off-street parking.
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or lane.
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.
An unenclosed, unroofed area intended for outdoor use that
is paved or covered with brick or similar material and is flush with
the ground.
A percentage which, when multiplied by the lot area, will
determine the permitted open area which may be paved with an impervious
surface (e.g., driveways, parking areas).
A type of group quarters providing food preparation in a
common kitchen for consumption in a common dining area, shelter, and
personal assistance on a regular basis for more than 16 resident individuals
who do not require hospital or skilled nursing care, but who, because
of mental or physical condition, require the supervision of daily
living activities under a plan of care licensed by the federal or
state government. Personal services such as barber shops and beauty
shops restricted to residents only may also be included as accessory
uses.
Shall include barber and beauty shops; certified massage
therapists; self-service laundry and dry-cleaning establishments;
laundromats; electronics 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.
[Amended by Ord. 2013-11-1, 11/11/2013]
A planned and unified development of a tract of land, for
more than a single residential lot and/or for a specified and approved
use or combination of uses, including group dwellings, commercial,
industrial and public or semipublic uses, whether previously subdivided
or not, and with or without the customary individual properties.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond to lot size, bulk, type, or dwelling, or use,
density, or intensity, lot coverage and required open space to be
the regulations established in any one district created from time
to time, under the provisions of this chapter.
The Borough Planning Commission.
The Pennsylvania Municipalities Planning Code, being the
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101
et seq., as amended.
The Borough Planning Commission, being the planning agency
for the Borough. (See also, "County Planning Commission.")
The map or plan or a subdivision or land development, whether
preliminary or final, indicating the location and boundaries of individual
properties.
A roofed, open structure, supported by columns, in excess
of four feet by five feet in area at a front, side or rear door of
a building. A railing or barrier may be erected around the perimeter
of the porch floor, provided that it does not exceed 36 inches in
height. A porch shall be considered a structure for purposes of setback.
Before totally enclosing a porch, the property owner should contact
the Borough Zoning Officer to determine whether building area requirements
will be satisfied.
Not publicly owned, operated or controlled.
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 services organization, magisterial
district judge, notary, public or private utility or political organizations;
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 Public
Education).
A formal meeting held pursuant to public notice by Borough
Council or the planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with the Municipalities
Planning Code, 53 P.S. § 10101 et seq., and/or this chapter.
A forum held pursuant to notice under the Act of October
15, 1998, P.L. 729, No. 93, 65 Pa.C.S.A. § 701 et seq.,
known as the "Sunshine Act."
A 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 nor less than seven days from the date
of the hearing.
A Borough sanitary sewer system or a comparable common or
package sanitary facility approved and permitted by the Pennsylvania
Department of Environmental Protection.
A Borough water supply system, or a comparable public water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection.
The searching for or removal of rock, soil, or mineral from
the earth by excavating, stripping, mining, leveling, or any other
process, but exclusive of excavations or grading involved in the construction
of a building. Also includes any processing operations in connection
with the above activities. Permitted quarry operations must comply
with all current applicable state regulations.
Any portable or mobile vehicle used or designed to be used
for travel, recreation and/or temporary living purposes and with its
wheels, rollers or skids in place. A recreational vehicle shall include
trailer, house trailer, camper, snowmobile, golf cart, boat, boat
trailer, airplane or other similar vehicle providing partial and usually
temporary living and sleeping quarters and which may or may not include
kitchen and bathroom convenience.
Any letter, review, memorandum, compilation, or similar writing
made by any body, board, officer, or consultant other than a solicitor
to any other body, board, officer, or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body, or agency, nor shall any appeal lie therefrom. Any report used,
received, or considered by the body, board, officer, or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A public eating place offering sit-down, counter, pick-up
and drive-thru service and custom prepared foods for on-premises or
take-out/delivery consumption.
[Amended by Ord. 2017-01-01, 1/9/2017]
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,
self-propelled lawn mowers, lawn and garden tractors and equipment
and mopeds or motorized bicycles with pedals and a motor not exceeding
1.5 horsepower, a maximum 50 cc engine, and a maximum design speed
of 25 mph, 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 shops are uses specifically
provided for elsewhere in this chapter including, but not limited
to, service stations, sales and rental of any automobiles or motor
vehicles except as permitted above, restaurants, taverns, nightclubs,
hotels and motels, business services, mortuaries, contractor's
offices, mills and lumberyards.
An establishment where horses are kept for riding or driving
or are stabled for compensation or incidental to the operation of
any club, association, ranch, or similar establishment.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer main, shade trees or
for another special use. If the right-of-way involves maintenance
by a public agency, it shall be dedicated to public use by the maker
of the plat on which such right-of-way is established.
A building or a portion thereof, other than a hotel or residential
hotel, containing not more than one dwelling unit where lodging is
provided with or without meals for compensation, for at least three
but not more than 15 persons in addition to the family unit. (See
also, "bed-and-breakfast inn"; "boardinghouse.")
A facility licensed and approved by the Pennsylvania Department
of Environmental Protection for the disposal of solid waste where
there is no reasonable probability of adverse effects on the public
health or the environment from such disposal.
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
or constituted ecclesiastical governing body, person, partnership,
or corporation meeting the requirements of the Commonwealth of Pennsylvania.
A school conducted for profit for such special instruction
as business, art, music, trades, handicraft, 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 horizontal distance between a structure and a property
or street line.
FRONT SETBACKThe required distance between a street line, except for a service street line (regardless whether the same is also a front, side, or rear lot line) and the front setback line projected the full width of the lot (see Attachments 27-A through 27-D).
REAR SETBACKThe required distance between the rear lot line, unless such line is also a street line other than a service street line, and the rear setback line projected the full width of the lot (see Attachments 27-A through 27-D).
SIDE SETBACKThe required distance between the side lot line, unless such line is also a street line other than a service street line, and the side setback line projected from the front setback line to the opposite setback line. However, in the case of corner lots, the second side setback shall be the required distance between the rear lot line and the side setback line projected from the side lot line to the opposite front setback line (see Attachments 27-A through 27-D).
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.
Ultimate sexual acts, normal or perverted, actual or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
anilingus, or physical contact with a person's nude or partially
denuded genitals, pubic area, perineum, anal region or, if such person
is female, a breast.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernibly turgid state; the post-pubertal,
full or partially developed human female breast with less than opaque
covering of a portion thereof below the top of the areola or nipple.
A group of stores planned and designed to function as a unit
for the site on which it is located with off-street parking and landscaping
provided as an integral part of the unit.
Any surface, fabric, device or structure (including billboard
or poster panel) bearing lettered, pictorial, or sculptured matter
designed for visual communication and used for the purpose of bringing
the subject thereof to the attention of the public, but not including
lettering or symbols that are an integral part of another structure;
or any flag, badge or other insignia of any government, government
agency or of any civic, charitable, religious, fraternal, or similar
organization.
ADVERTISING SIGNA sign whose major purpose is for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
BUSINESS SIGNA sign directing attention to a business or profession conducted on the same lot or, as incidental to a business, to products sold upon the same lot.
DIRECTIONAL SIGNA sign 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.
FREESTANDING SIGNA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
PARALLEL SIGNA sign attached, painted or otherwise mounted parallel to the surface of that portion of the building or structure to which it is affixed.
PORTABLE SIGNA sign of any material, with or without changeable type lettering, illuminated or nonilluminated, mounted or transported on a vehicle, trailer or similar structure, with or without wheels, and not permanently attached to the ground; often referred to as a "mobile sign."
PROJECTING SIGNA 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.
SIDEWALK SIGNAn A-frame, inverted V-shaped or similar structure resting on the ground with no permanent attachment and used for display as a temporary business sign.
Any lot or premises on which four or more chinchillas, ferrets,
rabbits and/or other small animals are kept for breeding, commercial
use or as pets.
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 time 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.
A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq., and § 27-504 and Part 6 of this chapter, comprising 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 in applicable provisions of this chapter.
A covered or uncovered broad platform step at a front or
rear entrance to a building that is not greater than four feet by
five feet in area. All stoops must meet setback requirements.
That portion of a building, excluding cellar, included between
the surface of any floor and the surface of the floor next above it;
if there is no floor above it, then the space between any floor and
the ceiling next above it.
STORY, HALFA story under a gable, hip or gable roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel. "Street"
includes avenue, boulevard, road, highway, freeway, parkway, land,
viaduct, and any other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private. Streets are further
classified as follows:
ARTERIAL STREETA street or road which is used primarily for through traffic, including all roads defined in the Thoroughfare Classification Plan as arterial streets.
COLLECTOR STREETA street or road which carries traffic from minor streets to the major system of arterial streets, including all roads identified in the Thoroughfare Classification Plan as collector streets.
CUL-DE-SAC STREETA street with one end open for public vehicular and pedestrian access and the other end terminating in a vehicular turnaround.
DEAD-END STREETA road or portion of a street with only one vehicular traffic outlet.
HALF OR PARTIAL STREETA street parallel and adjacent to a property line having a lesser right-of-way width than that required for a satisfactory improvement and use of the street.
MARGINAL ACCESS STREETA minor street which is parallel to and adjacent to an arterial street or highway and which provides access to abutting properties and protection from through traffic.
MINOR STREETA street which is used primarily for local access to the abutting properties and which discourages through traffic.
SERVICE STREETA minor right-of-way which is used to provide secondary vehicular access to the rear or side of two or more properties; also referred to as a "lane" or "alley." For purposes of this chapter, a service street shall not be considered a street when determining front setback or corner, double frontage, reverse frontage or triple frontage lots.
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. All structures must
meet setback requirements. (See also, "building.")
ACCESSORY STRUCTUREA 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.
PERMANENT STRUCTUREA structure which cannot readily be removed.
TEMPORARY STRUCTUREA structure which can readily be removed.
Any structure intended for swimming, therapeutic, or recreational
bathing that contains water over 24 inches (610 mm) deep. This includes
in-ground, above-ground, and on-ground swimming pools, hot tubs and
spas.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
The map or plan comprising Attachment 27-E of this chapter
identifying streets and roads as arterial or collector streets for
the purpose of this chapter.
A wall or ceiling designed to prevent or retard the passage
of fire, excessive heat or hot gases for a period of two hours.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.
PRINCIPAL USEThe 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.
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.
Relief granted pursuant to the provisions of Articles VI and IX of the Municipalities Planning Code, 53 P.S. §§ 10601 et seq. and 10901 et seq., and § 27-503 of this chapter.
A structure to be used for storage only of equipment and
merchandise.
A business devoted to the sale of commodities in quantity
chiefly to retailers, other merchants or industrial, institutional
and commercial users mainly for resale or business use. Such commodities
shall be limited to durable goods, sundries, dry goods and nonperishable
items.
A device which converts the wind energy to mechanical or
electrical energy.
A prescribed open area on a lot, unobstructed from the ground upward except as modified in § 27-301 of this chapter.
FRONT YARDAn area bounded by the street line of the street of address; the wall of the principal building facing the street of address (which for purposes of this chapter shall be considered the front wall) projected to the side lot lines; and the side lot lines (one of which is also a street line in the case of corner and triple frontage lots) (see Attachments 27-A through 27-D).
REAR YARDAn area bounded by the rear lot line (which is also a street line in the case of double, reverse and triple frontage lots); the rear wall of the principal building projected to the side lot lines; and the side lot lines (one of which is also a street line in the case of triple frontage and corner lots) (see Attachments 27-A through 27-D).
SIDE YARDAn area bounded by a side lot line (which may also be a street line in the case of triple frontage and corner lots); side wall of the principal building; and the front and rear walls of the principal building projected to the side lot lines.
