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Borough of Dallastown, PA
York County
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Table of Contents
Table of Contents
Words and phases shall be presumed to be used in their ordinary context unless such word or phrase is defined or interpreted differently within this section.
Unless otherwise expressly stated, the following shall, for the purposes 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, corporation or other legal entity as well as an individual.
D. 
The words "shall," "required" or "must" are to be interpreted as mandatory; the word "may" as directory and complied with unless waived.
For the purposes of this chapter, the following words and phrases have the meanings given herein:
ACCESS DRIVE
A private minor vehicular right-of-way, other than a street, providing access from a street to a property or parking area within a lot. Access drives shall be required for all commercial, institutional (including but not limited to schools, hospitals, and religious institutions) and industrial uses and all multifamily dwellings. (See § 224-25.)
ADDRESS OF CONVENIENCE
The accessory use of a dwelling unit for the sole purpose of receiving phone calls, mail and keeping business records in connection with any profession or occupation. An address of convenience shall not be considered a home occupation, requires no permit and does not involve employees outside of the household residents nor any activity at the premises other than communication by mail or electronic means. No goods, merchandise or services of any sort that are to be bought or sold shall be physically located on the premises of an address of convenience. An address of convenience may be located in a dwelling unit in any zone.
ADULT-ORIENTED FACILITY
An establishment open to the general public or a private club open to members except persons under the age of 18 years, which is used and occupied for one or more of the following activities:
A. 
ADULT BOOKSTOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan or for view upon the premises, of 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.
B. 
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.
C. 
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless of whether or not the same includes sexual conduct.
D. 
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.
AGRICULTURE
The use of land for farming, dairying, pasturage, silviculture, horticulture, floriculture, viticulture or animal or poultry husbandry, including the necessary accessory uses for packing, treating or storing the produce and equipment or housing and feeding the animals; includes land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program.
ALTERATIONS
As applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, such as extending on a side or by increasing in height.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.
AMENDMENT
A change which includes revisions to the zoning text and/or the Official Zoning Map.
ANIMAL HOSPITAL
A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. The use may include the boarding of such animals during medical or surgical treatment.
APPLICANT
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.
AUTOMOBILE
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. (See "recreational vehicle.")
AUTOMOBILE BODY SHOP
A building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories of automobiles and other vehicles for conveyance.
AUTOMOBILE DISMANTLING PLANT
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.
AUTOMOBILE GARAGE
A building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing or supplying of gasoline or oil to automobiles, trucks, recreational vehicles and similar motor vehicles.
AUTOMOBILE WASHING FACILITY
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.
AUTOMOBILE, RECREATIONAL VEHICLE AND/OR TRAILER SALES DISPLAY BUILDING
A building for the display or sale of new or used automobiles, recreational vehicles or trailers.
AUTOMOBILE, RECREATIONAL VEHICLE AND/OR TRAILER SALES LOT
An open lot for the outdoor display of new or used automobiles, recreational vehicles or trailers accessory to an automobile, recreational vehicle or trailer sales or display building.
BASEMENT
That portion of a building partly underground, but having 1/2 or more of its height above the average level of the adjoining ground. A basement shall be considered as a story in determining compliance with building height restrictions.
BED-AND-BREAKFAST INN
A single-family residence or portion thereof containing not more than three guest rooms which are used by not more than six guests where rent is paid in money, goods, labor or otherwise.
BUILDING
Any structure on a lot, having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, mechanical devices or property, and including covered porches, bay windows and chimneys. (See "structure.")
A. 
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for purposes customarily incidental to the principal building.
B. 
ATTACHED BUILDINGA building which has two or more party walls in common, except in the case of end units of single-family attached dwellings which have one party wall in common.
C. 
DETACHED BUILDINGA building which has no party wall.
D. 
PRINCIPAL BUILDINGA building in which is conducted the primary use of the lot on which it is located.
E. 
SEMIDETACHED BUILDINGA building which has only one party wall in common.
BUILDING AREA
The total area of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings.
BUILDING HEIGHT
The total overall height of a building measured from the grade level to the highest point of the roof.
CARE FACILITIES
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.
A. 
ADULT DAY-CARE CENTERAny premises where care is provided to four or more elderly or disabled adults for part of a twenty-four-hour day, excluding care provided by relatives. Such care includes personal assistance, the development of skills for daily living and the provision of social contact.
B. 
CHILD 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, who are supervised by a qualified staff. The child care areas in a day-care center shall not be used as a family residence.
C. 
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.
D. 
DOMICILIARY CARE HOMEAn existing building or structure designed 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, emotionally or who are aged persons.
E. 
FAMILY DAY-CARE HOMEA facility located in a single-family residence which provides 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.
F. 
GROUP DAY-CARE HOMEA facility, located in a single-family residence, which provides supervised care for remuneration to more than six but fewer than 12 children who are not relatives of the caregiver.
G. 
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. A group home may be 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.
H. 
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, are not relatives of the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.
CELLAR
That portion of a building partly underground and having more than 1/2 of its height below the average level of the adjoining ground. A cellar shall not be considered in determining the required number of stories.
CERTIFICATE OF USE AND/OR OCCUPANCY
The certificate issued by the Zoning Officer which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the land and structure in its several parts, together with any special stipulations or conditions of the building permit.
CONDOMINIUM
A type of ownership arrangement, not a land use, wherein 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.
CONTRACTOR'S OFFICE OR SHOP
Offices and shops for tradesmen, such as building, cement, electrical, masonry, painting and roofing contractors.
CROPS AND GARDENING
The cultivation of land involving the planting, tending and harvesting of plants. Such land uses may involve tilling by hand or machine, fertilizing and similar horticultural activities.
DRIVE-IN BUSINESS
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-premises or off-premises consumption.
DRIVEWAY
An improved surface for vehicular travel which provides access between a street and a lot. For the purposes of this chapter, drives for all residential uses (except multifamily dwellings) and all agricultural uses shall be considered driveways (see § 224-24). All other uses shall be served by an access drive as defined in this section and § 224-25 of this chapter.
DWELLING
A building or structure designed for living quarters for one or more families, including mobile homes, but shall not include hotels, rooming houses, convalescent homes or other accommodations used for transient occupancy.[1]
A. 
MULTIFAMILY DWELLINGA building containing three or more dwelling units (such as apartment houses and garden apartments). All dwelling units are located on a single lot and share with other units a common yard area.
B. 
SINGLE-FAMILY ATTACHED DWELLINGA portion of a building containing one dwelling unit and having two party walls in common with other dwelling units (such as row houses or townhouses). Each dwelling unit is located on a single lot. End units which have one party wall in common are included and are subject to the lot area requirements for other single-family attached units but must meet setback requirements on the open side.
C. 
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit and having two side yards.
D. 
SINGLE-FAMILY SEMIDETACHED DWELLINGA portion of a building containing one dwelling unit, having one side yard and one party wall in common with another dwelling unit. Each dwelling unit is located on a single lot.
E. 
TWO-FAMILY DETACHED DWELLINGA building containing two dwelling units, having two side yards and one partition in common between the two units. Both dwelling units are located on the same lot.
DWELLING UNIT
One or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities arranged for occupancy by one family.
EASEMENT
A limited right of use granted on private land for public use or private use by another party or parties, or a protective condition, as in the case of drainage easements for protection and/or preservation of a specified area.
FAMILY
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 boardinghouse.
FARM
Any parcel of land which is used for agricultural purposes, including necessary farm structures within the prescribed limits, which may include a single-family dwelling and the storage of equipment customarily incidental to the principal use. For the purposes of this chapter, a farm shall not include a kennel.
FENCE
Any combination of materials creating an enclosure or barrier to prevent intrusion from outside or straying from within. The height of all fences and walls or portions thereof shall be measured from grade level.
FINANCIAL INSTITUTION
A commercial savings and loan or banking establishment that provides office space for financial assistance and/or protective savings and investment services.
FLOOR AREA HABITABLE
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.
FLOOR AREA OF A BUILDING
The sum of the gross horizontal areas of the floors of a building, excluding cellar, basement and attic floor areas if not devoted to the principal use. All dimensions shall be measured between exterior faces of walls.
GREENHOUSE, HORTICULTURAL NURSERY
A use primarily involving horticulture, which includes the sale of plants grown on the premises and related goods and materials.
GROUP QUARTERS
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 rooming houses, fraternity and sorority houses and dormitories and other quarters of an institutional nature. Such quarters must be associated with a parent religious, educational, charitable or philanthropic institution.
GUEST ROOM
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.
HALFWAY HOUSE
A dwelling used as temporary and transitional housing for, including institutional supervision of, individuals who: a) have violated the law and are sent to such dwelling upon release from or in lieu of being sent to a penal institution; or b) are recovering from and/or being treated for a mental health illness, disease, or disorder, or substance abuse and/or addiction, prior to residing independently within the community.
[Amended 12-11-2023 by Ord. No. 601]
HEAVY STORAGE
The storage of goods, material, equipment and/or large vehicles (including but not limited to trucks and buses). Such storage includes warehousing and wholesale establishments and the exterior storage of the types of vehicles noted above.
HOME OCCUPATION
A. 
A special type of accessory use, specifically, an occupation or profession which:
(1) 
Is carried on only in a dwelling unit;
(2) 
Is carried on by a member of the family residing in the dwelling unit; and
(3) 
Is clearly incidental and secondary to the principal use of a property for residential purposes.
B. 
Any sales in conjunction with the home occupation shall be limited to items produced on site or items incidental to the home occupation.
HOSPITAL
A place for the diagnosis, treatment or other care of humans and having facilities for inpatient care.
HOTEL
A building in which 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.
HOUSE OF WORSHIP
A building used primarily as a meeting place for religious gatherings and services.
IMPERVIOUS SURFACE
Those paved surfaces that do not absorb precipitation. Areas including but not limited to parking areas, driveways, roads, sidewalks, patios and any similar areas of concrete, brick or asphalt shall be considered impervious surface. In addition, all buildings and structures shall be considered as impervious surfaces for computations of lot coverage.
INDOOR COMMERCIAL RECREATION ESTABLISHMENT
A commercial leisure time activity or amusement contained within a building, such as a bowling alley, billiard room or video arcade.
INDUSTRIAL ACTIVITIES
The manufacturing, processing and/or assembly of materials, including but not limited to such activities as printing and publishing, electronic components industries, tool and die making, molding plastics, bottling operations, food processing, furniture making, metal fabrication and textiles.
INDUSTRIAL PARK
A tract of land:
A. 
Organized and laid out in accordance with an overall plan for a community of industries on separate building sites arranged on streets with utility services; and
B. 
Designed to ensure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, setbacks and use requirements.
IN-LAW QUARTERS
A self-contained attached residential dwelling unit resulting from the conversion of an existing single-family detached dwelling into two dwelling units and inhabited by persons related by blood, marriage or adoption to the owners who live in the primary dwelling unit. The accessory unit shall contain a kitchen and bath facilities, have direct access to the outdoors or to a hall from which there is direct access to the outdoors and be physically subordinate to the primary unit that exists in the dwelling.
[Added 12-11-2023 by Ord. No. 600]
JUNKYARD
Any lot, land or structure or part thereof used primarily for the collection, storage and/or sale of scrap metal or discarded material or for the collecting, dismantling, storage and salvaging of machinery, equipment, junked or inoperable motor vehicles and/or for the sale of parts thereof.
KENNEL
Any building or buildings and/or land used for the sheltering, boarding, breeding or training of dogs, cats, fowl or other small domestic animals at least four months of age and kept or bred for profit, but not to include the keeping of livestock for agricultural purposes. A kennel operation may include accessory uses such as animal grooming.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more continuous lots, tracts of parcels of land for any purpose involving:
(1) 
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
(2) 
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.
B. 
A subdivision of land.
LANDOWNER
The legal or beneficial owner or owners of record of a parcel 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.
LAUNDRY OR LAUNDROMAT (SELF-SERVICE)
A commercial establishment where patrons have direct access to coin-operated laundry equipment.
LAUNDRY, DRY-CLEANING ESTABLISHMENT
A type of personal service business which provides over-the-counter garment cleaning service for customers.
LIVESTOCK
Any domestic farm animals such as cattle, donkeys, horses, mules, burros, sheep, hogs or goats kept for agricultural use, commercial purposes or pleasure.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
A. 
CORNER LOTA lot located at the intersection 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.
B. 
DOUBLE FRONTAGE LOTA lot extending between and having frontage on two streets. The front setback requirements of the zone in which the lot is located shall apply to both street frontages.
C. 
INTERIOR LOTA lot having frontage on one street, adjoined on the sides and rear by other lots.
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.
E. 
TRIPLE FRONTAGE LOTA lot fronting on three streets. The front setback regulations of the zone in which the lot is located shall apply to each street frontage.
LOT AREA
The area contained within the property lines of an individual parcel of land, excluding any area within a street right-of-way, but including the area of any easement.
LOT COVERAGE (MAXIMUM)
A percentage which when multiplied by the lot area will determine the permitted area that can be covered with an impervious surface; e.g., buildings, structures, driveways, parking areas and sidewalks.
LOT LINES
The lines bounding a lot as described in the recorded title; also referred to as "property lines."
LOT WIDTH
The required continuous distance between the side property lines (or, in the case of corner lots, between a front and side property line) measured along a single street right-of-way line.
MEDICAL CLINIC
Any building or group of buildings occupied by medical practitioners and related services for the purpose of providing health services to persons on an outpatient basis.
MINI-STORAGE FACILITY
A commercial rental facility providing for the enclosed storage of household items, recreational vehicles and/or 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. Mini-storage units shall not be used as offices or shops and shall not house any items or operations other than dead storage as specified above. No volatile or hazardous materials shall be stored in such facilities.
MOBILE HOME
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 safety operations and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
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.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MOBILE HOME SALES LOT
An open lot for the outdoor display of new or used mobile homes.
MOTEL
A group of attached or detached buildings containing sleeping rooms or living units with accessory facilities designed for temporary use by automobile tourist or transients, including auto courts, motor lodges and similar establishments.
MULTIFAMILY OR TWO-FAMILY CONVERSION
A multifamily or two-family dwelling constructed by converting an existing building into dwelling units for more than one family, without substantially altering the exterior of the building. Such conversions shall be subject to review and permitting procedure by the Borough Planning Commission, Borough Council, Sewage Enforcement Officer and the Pennsylvania Department of Environmental Protection, where applicable.
NONCONFORMITY
A use, structure, lot or dimension in conflict with the regulations of this chapter, existing on the effective date of this chapter or existing at any subsequent amendment of this chapter or created by variance. Specifically, the following types of nonconformities are distinguished:
A. 
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
B. 
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable 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.
C. 
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.
NONPROFIT
An educational, religious or charitable use which qualifies as "nonprofit" under Section 501-c of the Internal Revenue Service Code.
OPEN AREA (MINIMUM)
A percentage which, when multiplied by the lot area, will determine the area of the lot upon which buildings, structures and paving are not permitted.
OUTDOOR COMMERCIAL RECREATION ESTABLISHMENT
A use of open land for leisure time activities, such as a swimming pool, tennis court, golf course or drive-in theater.
PARCEL
Any tract or contiguous tracts of land in the same ownership and contained in the same deed. Land shall be considered continuous even though separated by public or private roads.
PARK OR OTHER RECREATION AREA OF A NONPROFIT NATURE
Any land including buildings and structures upon such land which is used for active or passive recreation that is of a noncommercial, i.e., nonprofit, nature. Such uses would include but not be limited to athletic fields and picnic areas. (Examples of uses not included are outdoor sports clubs, golf courses and similar facilities which are not public and involve a commercial rate for use or membership fees in lieu of such rates.)
PARKING GARAGE
A building where passenger vehicles may be stored for short-term, daily or overnight off-street parking.
PARKING LOT
An open lot where passenger vehicles may be stored for short-term, daily or overnight off-street parking.
PARKING SPACE
An off-street space available for the parking of one motor vehicle and having direct usable access to a street or alley.
PAVED AREA
That part of a lot's area which is covered by an impervious surface other than buildings and structures; e.g., driveways, parking areas and walkways.
PERSONAL SERVICE BUSINESS
Personal service businesses shall include barber and beauty shops; 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.
PLAN
A map, plat or layout showing the subdivision of land or land development and indicating the location and boundaries of individual properties.
PRIVATE
Not publicly owned, operated or controlled.
PROFESSIONAL OR BUSINESS OFFICE
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, District Justice, 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.
PUBLIC
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).
PUBLIC SEWER
A municipal sanitary sewer system approved and permitted by the Pennsylvania Department of Environmental Protection.
PUBLIC WATER
A municipal water supply system approved and permitted by the Pennsylvania Department of Environmental Protection.
RECREATIONAL VEHICLE
Any portable or mobile vehicle used or designed to be used for travel, recreation and/or temporary living purposes. A recreational vehicle shall include trailer, house trailer, camper, snowmobile, all-terrain vehicle, trail bike, golf cart, boat, boat trailer, airplane or other similar vehicle.
RESEARCH LABORATORY
An establishment in which the principal use involves testing and/or research. Such uses may involve but are not necessarily limited to metallurgical, chemical, electronic or biological research, testing and development activities.
RESIDENTIAL AND SMALL COMMERCIAL SOLAR ENERGY SYSTEMS
Any solar collector or other solar energy device, or any structural design feature, mounted on a building or on the ground, the purpose of which is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating, or for electricity utilized for improvements located on the property on which such solar collector, energy device, or structure design feature is located. For a solar energy system that is the principal use of the property, or that collects, stores, and/or converts solar energy for off-site use, see "solar energy facility."
[Added 12-11-2023 by Ord. No. 600]
RESTAURANT
A public eating place primarily offering sit-down counter or table service and custom-prepared foods for on-premises consumption.
RETAIL STORE OR SHOP
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 shops are uses specifically provided for elsewhere in this chapter, including but not limited to service stations, vehicular sales and rental, restaurants, taverns, hotels and motels, business services, funeral homes, contractor's offices and building material sales.
RIGHT-OF-WAY
A legal right of passage across land occupied or intended to be occupied by a street, crosswalk, railroad, road, 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.
ROADWAY
The portion of a street improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder; also referred to as "travelway" or "cartway."
ROOMING HOUSE
A residential building or a portion thereof, other than a hotel containing not more than one dwelling unit, where lodging is provided with or without meals for compensation.
SATELLITE DISH ANTENNA
Any accessory structure capable of receiving radio or television signals from a transmitter or transmitter relay located in planetary orbit.
SCHOOL
Any place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted ecclesiastical governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL, COMMERCIAL
A school conducted for profit for such special instruction as business, art, music, trades, handicraft, dancing or the martial arts.
SCREEN PLANTING
A vegetative material the purpose of which is to conceal from the view of property owners in adjoining zones or on adjacent lots the structures and uses on the premises on which the screen planting is located.
SERVICE STATION
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.
SETBACK
The required horizontal distance between a structure and a property or street line.
A. 
FRONT SETBACKThe required distance between the street right-of-way line (regardless of whether the same is also a front, side or rear lot line) and the front setback line projected the full width of the lot.
B. 
REAR SETBACKThe required distance between the rear lot line, unless such line is also a street line, and the rear setback line projected the full width of the lot.
C. 
SIDE SETBACKThe required distance between the side lot line, unless such line is also a 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.
SETBACK LINE
A line within a property and parallel to a property or street line which delimits the required minimum distance that must be provided between a structure or building and an adjacent street line and/or property line.
SEXUAL CONDUCT
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, analingus 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.
SEXUAL DEVICE
An artificial penis, vagina or anus or other device primarily designed to stimulate or manipulate the human genitals, pubic area, perineum or anal area, including dildos, penisators, vibrators, vibrillators, penis rings and erection enlargement or prolonging creams, jellies or other such chemicals or preparations.
SEXUALLY EXPLICIT NUDITY
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 postpubertal, full or partially developed human female breast with less than opaque covering of a portion thereof below the top of the areola or nipple.
SHOPPING MALL; SHOPPING CENTER; or SHOPPING PLAZA
A group of two or more 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.
SIGN
Any surface, fabric, device or structure (including billboards 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 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.
A. 
ADVERTISING SIGNA sign for directing attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than upon the same lot, such as billboards.
B. 
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.
C. 
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.
D. 
FREESTANDING SIGNA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
E. 
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.
F. 
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."
G. 
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.
H. 
SIDEWALK SIGNAny 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.
SMALL PROCESSING ESTABLISHMENT
A commercial enterprise in which the principal use involves light processing and/or repair, in conjunction with retail sales or personal service, such as an optician's office and optical laboratory. Such establishments shall not exceed 2,000 square feet of ground floor area.
SOLAR ENERGY
Radiant energy (direct, diffuse, and reflected) received from the sun.
[Added 12-11-2023 by Ord. No. 600]
SOLAR ENERGY FACILITY
An area of land used for a solar energy system principally to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power for off-site use. For a solar energy system that is used to collect, store, and/or convert solar energy for use on site as an accessory use, see "residential and small commercial solar energy systems."
[Added 12-11-2023 by Ord. No. 600]
SOLID WASTE
Garbage, refuse and other discarded materials, including but not limited to solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrements or hazardous waste materials as defined in the Municipal Waste Planning, Recycling and Waste Reduction Act, Act 101 of 1988,[2] and 25 PA Code Chapter 273, as amended, supplemented or revised.
SPECIAL EXCEPTION
Approval granted an applicant to use land and/or structures in a zone for a purpose other than that generally permitted outright in that zone. A special exception is granted by the Zoning Hearing Board in accordance with the terms, procedures and conditions as set forth in Articles V and VI.
STORY
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 is no floor above it, then the space between any floor and the ceiling next above it.
A. 
HALF STORYA 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.
STREET
A public or private way, excluding driveways and access drives, 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 and any other dedicated and accepted public right-of-way or private right-of-way.
STREET GRADE
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.
STREET LINE
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."
STRUCTURE
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. For all regulatory purposes, all buildings are considered structures.
A. 
ACCESSORY STRUCTUREA subordinate structure on a lot, the use of which is customarily incidental to that of the principal structure.
B. 
PRINCIPAL STRUCTUREA structure which is directly involved in the principal use of the lot on which said structure is located.
SWIMMING POOL, OUTDOOR
Any outdoor pool or open tank, including spas and hot tubs, containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. Farm ponds, lakes, livestock watering tanks and detention basins are not included, provided that swimming was not the primary purpose for their construction.
TAVERN
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.
TRACT
An area of land which may comprise the entire area or a subpart of a parcel. Individual tracts within a parcel of land which are not separately deeded shall not constitute separate lots for the purpose of construction, permitting or for the other purposes of this chapter. Such tracts contained within a parcel shall be considered descriptive only.
TRASH; JUNK
Any garbage, debris, material, equipment and/or apparatus which has been discarded and is no longer functional.
USE
The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.
[Amended 12-8-2003 by Ord. No. 508]
A. 
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.
B. 
PRINCIPAL USEThe main or primary use of property, buildings or structures. Except as specifically noted, only one use permitted by right or by special exception shall be permitted as a principal use on an individual lot. For example, one single-family dwelling, one commercial establishment or one industrial firm shall be permitted on an individual lot. Complexes listed as permitted uses, such as an industrial park or shopping center, shall be limited to one such complex per lot.
UTILITY SHED
A small nonrental building designed primarily for storage of yard and garden equipment and miscellaneous household items incidental to a dwelling and customarily made of prefabricated materials, purchased, assembled or erected and used exclusively by the property owner.
VARIANCE
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.
WAREHOUSE
A structure to be used for storage of equipment and/or merchandise.
WHOLESALE ESTABLISHMENT
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.
YARD
A prescribed open area on a lot, unobstructed from the ground upward, except as modified in Article IV of this chapter.
A. 
FRONT YARDAn area bounded by the street right-of-way line(s), front wall of the principal building and side lot line(s).
B. 
REAR YARDAn area bounded by the rear lot line (and street right-of-way line in the case of double frontage, reverse frontage or triple frontage lots) and the rear wall of the principal building and side lot lines.
C. 
SIDE YARDAn area bounded by a side lot line and the front, rear and/or side walls of the principal building.
[1]
Editor's Note: Drawings of the following dwelling types are included as an attachment to this chapter.
[2]
Editor's Note: See 53 P.S. § 4000.101 et seq.