A.
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
B.
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meaning herein indicated.
C.
Words used in the present tense include the future tense.
D.
The singular includes the plural.
E.
The word "person" includes an individual or group of individuals,
a corporation, partnership, or any other similar entity.
F.
The word "lot" includes the words "lots" or "parcel." The term "shall"
is always mandatory.
G.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words, "intended, arranged or designed
to be used or occupied."
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property, or a cessation of the use
of the property by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building subordinate to and attached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A use customarily incidental and subordinate to the principal
use of the main building and located on the same lot with such principal
use or main building.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, and other periodicals which
are distinguished or characterized by their emphasis on matter depicting,
describing or relating to "specified sexual activities" or "specified
anatomical areas," as defined herein, or an establishment with a segment
or section devoted to the sale or display of such material.
A nightclub, bar, restaurant or similar commercial establishment
which regularly features:
Persons who appear in the state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities;
Films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
The tilling of the soil, the raising of the crops, horticulture
and gardening.
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into or flight through the air.
The highest point of an airport's usable landing area measured
in feet above sea level. The airport elevation for the Harrisburg
International Airport is 310 feet; the airport elevation for the Capital
City Airport is 347 feet.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined by
"airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
in the Aviation Code, 74 Pa.C.S.A. § 5101 et seq.
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon. As used herein, the term "airport"
includes public airports but excludes private airports and heliports.
Public and private airports are defined separately in this section.
The right to use space above ground level.
A public thoroughfare other than a minor street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
A change in use in any district which includes revisions
to the zoning text and/or the Official Zoning Map; the authority for
any amendment lies solely with the Borough Council.
An establishment which has as its principal business offering
to patrons mechanical, electrical amusement devices or games, such
as pinball machines, ping pong, darts, shooting galleries, video games
or similar devices and games.
A building used for the treatment, housing or boarding of
small domestic animals, such as dogs, cats, rabbits, and birds or
fowl, by a veterinarian.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any building.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitations
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private-residence-mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TVROs and satellite microwave antennas.
A dwelling unit within a multiple dwelling. This classification
includes apartments in apartment houses, bachelor apartments, studio
apartments and kitchenette apartments. Conversion apartments are not
included in the classification.
An independent dwelling unit incorporated within an existing
single-family detached dwelling without any substantial external modification.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without substantially altering the exterior
of the building.
A two-story multifamily dwelling, containing one-story dwelling
units under one ownership.
A building arranged, intended or designed to be occupied
by three or more dwelling units.
Every application, whether preliminary or final, which is
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of development plan.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach surface zone height limitation slope set forth in § 120-51 of this chapter. In a plan, the perimeter of the approach surface coincides with the perimeter of the approach surface zone.
These zones are set forth in § 120-51 of this chapter.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and an accessory building, exclusive
of uncovered porches, terrace and steps.
The area contained within the property lines of a lot or
as shown on a subdivision plat, excluding space within any street,
but including the area of any easement.
Any structure or any building or part thereof that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A motor vehicle designed for the conveyance of persons or
property requiring a registration under the laws of the Commonwealth
of Pennsylvania for operation upon public highways, including a truck,
motor home, motorcycle or travel trailer.
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 or similar motor vehicles.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include facilities used for polishing, greasing, washing, dry cleaning,
or otherwise cleaning or servicing such motor vehicles.
A building on a lot designed and used primarily for the washing
and polishing of automobiles, and which may provide accessory services
set forth herein for automobile service stations.
The dismantling or wrecking of used automobiles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles of their parts.
A freestanding, randomly located structure, fence-like in
nature and materials of construction, except that it is not normally
attached to any building, does not particularly follow lot lines,
nor enclose a particular area, but rather screens one segment of one
property from another for the primary purpose of assuring privacy;
a baffle or screen of this nature may also be utilized for the support
of various types of living plant materials, such as vines, climbing
roses, espaliered trees and shrubs.
That portion of a building that is partially below ground
level. This portion is not a completed structure and serves as a substructure
or foundation for building. A basement shall be counted as a story
for the purpose of height measurement if the vertical distance between
the ceiling and the average level of the adjoining ground is more
than five feet or the area is used for business or dwelling purposes,
other than a game or recreation room.
A home occupation providing for compensation, sleeping accommodations
and breakfast for transient guests.
An area bounded by streets, railroad right-of-way, waterway,
or definite boundaries.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A building arranged or used for lodging, with or without
meals, for compensation, by either transient or permanent residents.
This definition includes rooming houses and lodging houses.
The Borough of Steelton, Dauphin County, Pennsylvania, its
officials, agents or representatives.
The duly elected Borough Council of the Borough of Steelton,
Dauphin County, Pennsylvania.
See "yard, buffer."
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattels, and including covered porches, bay windows and chimneys.
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line parallel to the front, side, or rear lot line so as
to provide the required yard.
A building the size, dimensions or location of which were
lawful prior to the adoption, revision or amendment to this chapter,
but which fails by reason of such adoption, revision or amendment,
to conform to the present requirements of the zoning district in which
it is located.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
A building in which is conducted the principal use of the
lot on which it is located.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way and the line defining side and rear yards, where required.
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes in buildings of a movable,
temporary, or seasonal nature, such as cabins, tents, or shelters,
but not including a recreational vehicle park or mobile home park.
The individual designated by a patient, or if the patient
is under 18 years of age, a parent or legal guardian, an individual
designated by a parent or legal guardian, or an appropriate individual
approved by the Pennsylvania Department of Health upon a sufficient
showing that no parent or legal guardian is appropriate or available,
to deliver medical marijuana.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
A roofed over structure, open on two sides, used in conjunction
with a dwelling for the storage of private vehicles and accessory
to a main or accessory building.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
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 maximum number of stories.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth, including
enabling the patient to tolerate treatment for the serious medical
condition.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the streets' center lines.
An entity that:
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A development technique that concentrates building in specific
areas on the site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive features.
The act of placing two or more antennas on one communications
tower or other structure.
See "open space, common."
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support communications antennas.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A use permitted in a particular zoning district pursuant to the provisions in Article VI of the MPC, 53 P.S. § 10601, et seq.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to 1 for a horizontal distance
of 4,000 feet.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building structure, including
the placement of manufactured homes.
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.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable, and
that the court does not extend to a street, alley, yard or other outer
court.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That portion or percentage of the lot area covered by a composite
of all the building areas.
A right-of-way, publicly or privately owned, intended for
furnishing access for pedestrians.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the curb in front of
the midpoint of the lot.
See "school, nursery."
Final adjudication of any board or other body granted jurisdiction
under any land use, ordinance or this chapter 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 the county and judicial district wherein the Borough
lies.
Pennsylvania Department of Transportation.
Final action by an officer, body or agency charged with the
administration of any land use ordinance applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development ordinances.[1]
|
Determinations shall be appealable only to the Boards designated
as having jurisdiction for such appeal.
|
Any landowner, agent of such landowner, tenant with the permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land.
The provisions for development, including a planned residential
development, a plat of a subdivision, covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, streets, ways and parking facilities, common open
space, public facilities. The phrase "provisions of development plan"
when used in this chapter shall mean the written and graphic materials
referred to in this definition.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
A use in which three or more dogs that are more than six
months old are kept.
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, or other means and whatever purpose
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 manufactured homes which are supported
either by a foundation or are otherwise permanently attached to the
land, but not including hotels, boarding/rooming houses or other accommodations
used for transient occupancy.
An atrium house is a single-family, attached, one-story dwelling
unit with individual outside access. The lot on which the house is
located shall be fully enclosed by a wall at least seven feet high
with a private yard, herein called an atrium, included on each lot.
All living spaces, such as living rooms, dens and bedrooms, shall
open onto the atrium.
Any completed building or structure that was designed to
be built partially or wholly underground. A completed building or
structure which was not intended to serve as a substructure or foundation
for a building.
A group of two or more single-family, two-family, or multifamily
dwellings occupying a lot in one ownership.
Any structure designed primarily for residential occupancy,
except a manufactured home, 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
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
A transportable, single-family detached dwelling intended
for permanent occupancy, office or place of assembly contained in
one unit, or in two units designed to be joined into one integral
unit capable of again being separated for repeated towing, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and constructed so that it may
be used without a permanent foundation. For floodplain management
purposes, this definition includes park trailers, travel trailers,
and other similar vehicles located on site for greater than 180 consecutive
days.
A building designed for, occupied, or used by three or more
families living independently of each other, wherein each dwelling
unit or apartment shall contain private bath and kitchen facilities,
and doing their own cooking, including apartment houses.
A multiplex is a single-family or multifamily attached dwelling.
In general, all units have independent outside access and may be arranged
in a variety of configurations. No more than four units shall be attached
in any dwelling.
A single-family detached or attached dwelling with open space
setbacks on three sides and with a court.
A dwelling used by one family and having two party walls
in common with other buildings (such as row house or townhouse), except
for the dwelling at the end of the row, which shall have only one
party wall.
A building used by one family, having only one dwelling unit
and having two side yards.
A dwelling used by one family, having one side yard, one
party wall in common with another dwelling.
A building used by two families, with one dwelling unit arranged
over the other, and having two side yards.
A building used by two families, with one dwelling unit arranged
over the other, having one side yard and having one party wall in
common with another building.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A single-family detached dwelling with the building positioned
on a lot in such a manner that one or more of the building's sides
rest directly on a lot line.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public.
Electric public utilities transmission and distribution facilities,
including substations.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a strip
tease for another person.
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts for a fee, tip
or other consideration, as one of its primary business purposes.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable.
Federal Aviation Administration of the United States Department
of Transportation.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
One or more persons doing his/her/their own cooking and living
upon the premises as a separate housekeeping unit, under a common
housekeeping management plan based on an internally structured relationship
providing organization and stability or other domestic bond. This
definition does not include a collective body of persons occupying
a hotel, dormitory, lodge, boarding/rooming house, family care/group
care facility, commune, or institution.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for four to eight residents,
plus such minimum supervisory personnel as may be required to meet
standards of a licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
or physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A family care facility must be licensed and/or approved by the Pennsylvania
Department of Public Welfare and may include uses such as foster homes,
community residential alternative facilities, or home individual programs.
A residence offering baby-sitting services and child-care
services for four to six children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare. A family day-care home
is a permitted accessory use in any residential district.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided or to define and mark the property
line when such structure is erected on or within two feet of any front,
side or rear lot line; for the purpose of this chapter, a freestanding
masonry wall when so located is considered to be a fence; also for
the purpose of this chapter, when the term "lot line" is used in relation
to fences, it shall be synonymous with "rear yard lot line," "side
yard lot line" and "front yard lot line." Fences are not synonymous
with "garden structures" which are defined elsewhere herein.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.[2]
A flood that, on the average, is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).[3]
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor area not used as primary living and sleeping
quarters, but including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathrooms, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
The ratio or floor area of a building to its lot area. When
a floor area ratio of 0.4 is specified, the floor area of a building
constructed on a lot of 10,000 square feet is limited to a maximum
of 4,000 square feet, the number of stories being optional, the building
area may be 4,000 square feet for one story, 2,000 square feet for
two stories, and so forth.
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display areas used
to indicate the variety of goods available for the customer, but not
to include office space, storage space and other general administrative
areas.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
An additional amount of height above a flood elevation used
as a factor of safety (e.g., 1.5 feet above the base flood elevation)
in determining the level at which a structure's lowest floor must
be elevated or floodproofed to be in accordance with floodplain management
regulations.
The side of a structure facing the street. A corner property
may contain more than one front.
An enclosed or covered space for the storage of one or more
vehicles or vessels, provided that no business, occupation or service
is conducted for profit therein, nor space therein for more than one
vehicle or vessel is leased to a nonresident of the premises.
An enclosed or covered space, other than a private garage,
which is used for storage, repair, rental, servicing or supplying
of gasoline or oil to motor vehicles.
See "apartment, garden."
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes, or which serves as a shelter
primarily for human beings, except a permitted garage, porch or carport,
which is located in any side or rear yard not closer than three feet
to any side or rear lot line; included in this category of structures
are arbors, aviaries, pergolas, trellises, barbecue shelters, bathhouses,
private greenhouses and freestanding screens or baffles and similar
structures as however called. No such structure may be located in
any required front yard between the building setback line and the
street line. Such structures may be solidly roofed and walled or open
to the sky and on the sides, but if solidly roofed or solidly walled
on more than two sides, they must be located within the building line
of the lot and may not invade any required yard. Unscreened, unroofed,
unwalled or unfenced patios, birdbaths, ornamental pools and swimming
pools are not considered as garden structures. Permitted structures
may be attached to or be detached from a dwelling.
The Borough Council of Steelton, Dauphin County, Pennsylvania.
The elevation of the center line of the streets as officially
established by the municipal authorities.
The completed surfaces of lawns, wall and roads brought to
grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
The floor of a building nearest the mean grade of the front
of the building.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimal level of
supervision but require medical or nursing care or general supervision.
A group care facility must be licensed and/or approved by Pennsylvania
Department of Public Welfare.
A residence offering baby-sitting services and child-care
services for seven to 11 children unrelated to the resident household
and meeting applicable licensing/registration requirements of the
Pennsylvania Department of Public Welfare.
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves persons functioning as a common household unit.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution because of physical disability, old age, or mental retardation/developmental
disability, or that the applicant proves to the satisfaction of the
Zoning Officer and meets the definition of "handicapped" as defined
by applicable federal law. (Note: The Federal Fair Housing Act Amendments
defined "handicap" as follows: "1) A physical or mental impairment
which substantially limits one or more of such persons major life
activities; 2) A record of having such an impairment; or 3) Being
regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as
defined in Section 802 of Title 21."[4] This definition was subsequently adjusted by Section 512
of the Americans With Disabilities Act to address certain situations
related to substance use treatment.)
Does not meet the definition of "group quarters."
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others,
and/or were previously convicted of a sexual offense committed against
a minor.
Any dwelling or portion thereof which is designed or used
for four or more 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 boarding houses,
and other quarters of an institutional nature.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
Any substance classified by the US Environmental Protection
Agency, the Pennsylvania Department of Environmental Protection, or
the Borough as having the potential to damage health or impair safety,
including any garbage, refuse, sludge from industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution control facility and other discarded material, including
solid, liquid, semisolid or contained gaseous material resulting from
municipal commercial, industrial, institutional, mining, or agricultural
operations, and from community activities, or any combination thereof.
Hazardous waste does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return permits
under 402 of the Federal Water Pollution Control Act, as amended (33
U.S.C. § 1342), source, special nuclear, or by-product material
as defined by 42 U.S.C. § 2014, which because of its quantity,
concentration, or physical, chemical or infectious characteristics
may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
The term "hazardous waste" shall not include coal refuse defined
in the Act of September 24, 1968 (P.L. 1040, No. 318), known as the
"Coal Refuse Disposal Control Act." "Hazardous waste" shall not include
treatment sludges from coal mine drainage treatment plants, disposal
of which is being carried pursuant to the Act of June 22, 1937 (P.L.
1987, No. 394), known as "The Clean Streams Law."[5]
For the purpose of determining the height limits in all zones set forth in § 120-12 of this chapter and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
See "building height."
An occupation or activity conducted for gain or profit within
a dwelling or in a building accessory thereto; provided, however,
that such occupation or activity shall comply with the regulations
for home occupations specified in § 120-11(J) of this chapter.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which in plan coincides with the perimeter
of the horizontal surface zone.
A facility offering transient lodging accommodations to the
general public and may provide additional services, such restaurants,
meeting rooms, and recreational facilities.
A document issued by the DOH that permits access to medical
marijuana.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved device in which combustible material, other than
garbage, is burned to ashes.
The manufacturing, compounding, processing, assembly or treatment
of materials, articles, or merchandise.
Any discarded materials, machinery, scrap metals, appliances, articles or objects possessing value in part, gross or aggregate, and including but not limited to scrapped motor vehicles and parts thereof, including motor, bodies of motor vehicles and vehicles that are inoperable and do not have a current valid inspection sticker as required by the motor vehicle laws of the Commonwealth of Pennsylvania (subject, however, to the provisions of Chapter 111, Vehicles, Storage on Private Property, hereof), but not including garbage or any other organic waste or farm machinery, provided said farm machinery is used in connection with a bona fide farming/agricultural operation.
Any place within the Borough where "junk," as defined herein, is stored, disposed of, accumulated or maintained. Any premises having more than one used, unlicensed and/or inoperable automobiles or other vehicles thereon shall in any event be deemed a junkyard, subject to the provisions of Chapter 111, Vehicles, Storage on Private Property, hereof; provided further, however, that any used automobile dealer or any automobile or truck dealer who is licensed or franchised as such dealer may store at the place of business, for a period not to exceed 30 days, any one junk automobile, with no more than three junk automobiles at any one time ever to be upon such premises. Should such used automobile or any licensed or franchised automobile or truck dealer have a junk automobile upon their premises for more than 30 days or an excess of the permitted number of junk vehicles, the premises of used automobile or the licensed or franchised automobile or truck dealer shall be a junkyard under the terms of this chapter.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intend to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
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 the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
A runway that is constructed for and intended to be used
by propeller driven aircraft greater than 12,500 pounds maximum gross
weight and jet power aircraft.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in an apartment
house or an apartment hotel.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade;
DIRECT OR FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated;
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous
to a group of buildings for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on a street or other appropriate means of access.
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 lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135° and the radius of the street
line is less than 100 feet.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
A lot other than a corner lot.
Any lot line which is parallel to or within 45° of being
parallel to a street line, except for a lot line that is itself a
street line. In the case of a corner lot, the front wall of the house
would determine the rear lot line. In the case of a lot having no
street frontage or a lot of an odd shape, only the one lot line further
from any street shall be considered a rear lot line.
The lines bounding a "lot," as defined herein.
Any lot line which is not a street line or a rear lot 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," or "lot front line."
The minimum lot width at the building setback line.
A 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 reason of such adoption or amendment.
A lot which has been recorded in the Office of the Recorder
of Deeds of Dauphin County, Pennsylvania.
A lot extending between and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
A street or highway designated as an existing or planned
major thoroughfare.
See "dwelling, manufactured home."
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erections thereon of a single manufactured home which is leased
by the park owner to the occupants of the manufactured home erected
on the lot.
A parcel (or contiguous parcels) of land which has been planned
and improved for the placement of two or more manufactured homes.
The processing and/or converting of raw unfinished or finished
materials or products, or any, or either of them, into an article
or substance of a different character, or for use for a different
purpose; industries furnishing labor in the case of manufacturing
or the refinishing of manufactured articles.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of
the external parts of the human body with the hands or with the aid
of any mechanical/electrical apparatus, or appliances with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powders, creams, lotions, ointment, or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor.
Any establishment having a source of income or compensation
derived from the practice of massage and which has a fixed place of
business where any person, firm, association or corporation engages
in or carries on the practice of massage. This would include physical
therapy centers and physician's offices.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health care practitioners, medical and dental laboratories,
out-patient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania pursuant to the provisions of
the Act.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, obliteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one use.
A transportable, single-family dwelling intended for a permanent
occupancy, office or place of assembly contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which dwelling arrives
at a site complete and ready for occupancy except for minor and incidental
packing and assembly operations, and is constructed so that it may
be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home, which parcel is leased
by the park owner to the occupants of the mobile home erected on the
lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use
and which consists of two or more mobile home lots.
A type of dwelling that meets a definition of single-family
detached dwelling, single-family attached, two-family detached, and
multifamily that is in substantial part but not wholly produced in
sections off the site and then is assembled and completed on the site.
This shall not include any dwelling that meets the definition of mobile
home, nor shall it include any dwelling that does not rest on a permanent
foundation, nor any dwelling intended to be able to be moved to a
different location once assembled, nor any dwelling that would not
fully comply with any and all applicable building codes. A modular
home also shall not include a building that includes only one substantial
piece prior to delivery on the site.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, with
separate entrances and designed for year-round occupancy, primarily
for transient automobile travelers and providing for accessory off-street
parking facilities. The term "motel" includes buildings designated
as tourist courts, tourist cabins, motor lodges, and similar terms.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act" of June 19, 2001, P.L. 287, No. 22, § 1; 53 Pa.C.S.A.
§ 5601, et seq.
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:
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.
See "building, nonconforming."
See "sign, nonconforming."
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or 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.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision-instrument
approach procedure has been approved or planned.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration to do
so.
The appearance of a human bare buttock, anus, male genitals,
female genitals, or female breasts.
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals, nursing care for hire and which is
approved for nonprofit/profit corporations licensed by the Pennsylvania
Department of Public Welfare for such use.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction or the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same downstream to the
damage of life and property.
Any structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth on § 120-12 of this chapter.
A required permit allowing occupancy of a building or structure
after it has been determined that the building meets all the requirements
of applicable ordinances.
A building designed or used primarily for office purposes,
no part of which is used for manufacturing or for dwelling other than
by a watchman or janitor.
A room or rooms used for the carrying on of a profession
to include, but not limited to, physicians, dentists, architects,
engineers, accountants, attorneys, real estate brokers, insurance
agents entitled to practice under the laws of the Commonwealth of
Pennsylvania or similar type.
A map adopted by ordinance pursuant to Article IV of the MPC (53 P.S. § 10401 et seq.).
The unoccupied space open to the sky on the same lot with
the building, not including parking lots.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Any lot municipally or privately owned for off-street parking
facilities providing for the transient storage of automobiles or motor-driven
vehicles. Such parking services may be provided as a free service
or for a fee.
The space within a building or on a lot or parking lot for
the parking or storage of one automobile.
A common shared wall between two separate structures, buildings,
or dwelling units.
To cover with concrete, macadam or pavers with a subbase
making a smooth and level surface so as to make a convenient surface
for travel.
An individual, firm, partnership, corporation, company, association,
joint stock association, or governmental entity; includes a trustee,
a receiver, an assignee, or a similar representative of any of them.
A facility in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator and who do not
require the services in or of a licensed long-term care facility but
who do require assistance or supervision in such matters as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self administration.
Facilities for the provision of personal wireless services.
Commercial mobile wireless services, unlicensed wireless
services and common carrier wireless exchange access services.
The Steelton Borough Planning Commission, its representatives
and agents.
A map, plan or layout showing the subdivisions of land and
indicating the location and boundaries of individual properties.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
Any lot, parcel, or tract of land and any building constructed
thereon.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway. For military runways, or when the runway has no specially prepared hard surface or planned hard surface, the primary surface ends at each end of that runway. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The width of the primary surface is set forth in § 120-51 of this chapter.
Not publicly owned, operated, or controlled.
An airport which is privately owned and which is not open
or intended to be open to the public as defined in 74 Pa.C.S.A. § 5102.
A legally established right-of-way, other than a public street,
which provides the primary vehicular and/or pedestrian access to a
lot. See "access drive."
The practice of a profession by any professional, including
but not limited to attorney, real estate agent, insurance agent, physician,
surgeon, osteopath, chiropractor, dentist, optician, optometrist,
chiropodist, engineer, surveyor, architect, landscape architect, planner
or similar type, entitled to practice under the laws of the Commonwealth
of Pennsylvania.
Is to be judged with reference to average adults unless it
appears from the nature of the material or the circumstances of its
dissemination, distribution or exhibition that it is designed for
clearly defined deviant sexual groups, in which case the predominant
appeal of the matter shall be judged with reference to its intended
recipient group.
Owned, operated or controlled by a government agency (federal,
state, or local, including a corporation and board created by law
for the performance of certain specialized governmental functions).
An airport which is either publicly or privately owned and
which is open to the public as defined in 74 Pa.C.S.A. § 5102.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council, Planning Commission, or Zoning Hearing Board intended to
inform and obtain public comment prior to taking action accordance
with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 Pa.C.S.A.
§ 701 et seq.
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 be no more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Public utility transmission distribution facilities, including
substations and the like.
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which has its own
motor power or is mounted or drawn by another vehicle; having a body
width of no more than eight feet and a body length of no more than
35 feet when factory equipped for the road, and licensed as such by
the commonwealth to include, but not be limited to, travel trailers,
truck campers, camping trailers, and self-propelled motor homes.[6]
The registry established by the DOH for all medical marijuana
organizations or practitioners.
[Added 12-19-2016 by Ord.
No. 2016-6, approved 12-19-2016]
A hotel used by 16 or more permanent guests only and not
by transients.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses;
generally, the right of one to pass over the property of another.
A public or private thoroughfare for vehicular traffic and/or
pedestrian traffic, whether designated as street, highway, thoroughfare,
parkway, road, avenue, boulevard, lane, alley, or however designated.
A defined area in an airport prepared for landing and takeoff
of aircraft along its length.
Flagellation or torture by or upon a person who is clad in
undergarments, a mask or bizarre costume, or the condition of being
fettered, bound or otherwise physically restrained on the part of
one so clothed.
A private hospital, whether or not such facility is operated
for profit.
See "antenna, satellite dish."
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.
A facility, not in a private residence, enrolling four or
more children no more than five years of age and where tuition, fees,
or other forms of compensation for the instruction and care of the
children is charged. Such facility shall employ licensed personnel
and shall be licensed by the Commonwealth of Pennsylvania. This definition
includes preschool or pre-K.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well of
portions of the body covered by supporting straps or devices.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, including sexual
intercourse, anal or oral sodomy and sexual bestiality; and patently
offensive representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse and lewd exhibition of the genitals.
A business or commercial enterprise that, as one of its primary
business purposes, offers, for any form of consideration:
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motion-picture theater, adult theater, escort agency,
nude model studio or sexual encounter center.
A group of stores planned and designed to function as a unit
for the lot on which it is located with off-street parking provided
as an integral part of the unit.
The length of roadway visible to the driver of a vehicle
at any given point on the roadway when the view is unobstructed by
traffic.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public, but not including any flag, badge or insignia of any
government or government agency or of any civic, charitable, religious,
patriotic, fraternal or similar organization, or scoreboards located
on athletic fields.
A sign intended for the painting, posting or otherwise displaying
of information inviting attention to any product, business, service
or cause not located on or related to the premises on which the sign
is situated.
A sign which directs attention to a use conducted, product
or commodities sold or service performed upon the premises.
A sign which advertises a special event held a maximum of
nine days in any calendar year that primarily is conducted to benefit
a United States Internal Revenue Service certified tax-exempt nonprofit
organization.
A sign which advertises an occasional garage sale/porch or
yard sale.
A sign or name plate, indicating the name of noncommercial
buildings or occupants thereof, describing the use of such buildings;
or when displayed at residence, indicating a home occupation legally
existing thereat.
A sign directly attached to a nonmovable freestanding sign.
A message display sign is used to exhibit daily, weekly, or monthly
customer specials, special hours, and/or limited products offered.
A sign which is self-supporting upon the ground, constructed
in a framed design, is intended for the display of daily specials,
discounts, special events, or other daily changing activities, and
is required to be removed upon the daily close of business.
Any sign lawfully existing on the effective date of this
chapter, or an amendment thereto, which chapter or amendment renders
such sign nonconforming because it does not conform to all the standards
and regulations of this adopted or amended chapter.
A sign which is supported by means of poles, pylons or similar
standards in the ground; a nonmovable sign is not attached to a building
and does not require a secondary means of support, such as guide wires,
and shall include message display signs.
A sign, including billboards, intended for the painting,
posting or otherwise displaying of information inviting attention
to any product, business, service or cause not located on or related
to the premises on which the sign is situated.
A sign relating to the property of which it is located, offering
such property for sale or lease, announcing improvements or changes
in connection therewith, warnings, or other similar notices concerning
such property.
Any device or structure erected for advertising or identification
purposes upon or above the roof of any building or structure or part
thereof.
A sign which is incidental to a use lawfully occupying the
property upon which the sign is located which sign is necessary to
provide information to the public, such as direction to parking lots,
location of restrooms, or other such pertinent facts.
A sign constructed of paper, cloth, canvas, wood, metal or
any lightweight material intended to be displayed for a period of
time not exceeding 30 days.
A sign which is readily visible and can be at least partially
read from an exterior lot line and which is attached to a window or
transparent door or that can be read through a window or transparent
door.
A scaled graphical depiction of the proposed development
of a lot, parcel, or tract of land describing all covenants assigned,
as well as, accurately depicting the use, location, and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-ways, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances, as they may apply.
A property owner's right to have the sunlight shine on his
land.
The space between a solar energy collector and the sun which
must be free of obstructions that shade the collector to an extent
which precludes its cost-effective operation.
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.
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601 et seq., and § 10901 et seq. The Zoning Hearing Board shall hear and decide requests for special exceptions in accordance with the standards and criteria established by the governing body in granting a special exception. The Zoning Hearing Board may attach such reasonable conditions and safeguards, in addition to those expressed in this zoning chapter, as it may deem necessary to implement the purpose of the MPC and this chapter.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breast;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated; or
Excretory functions as a part of or in connection with any of
the activities set forth in Subsections (A) through (C) above.
A structure intended for lease for the sole purpose of storing
household goods, motor vehicles, recreational equipment.
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gable, hipped, or gambrel roof, the wall
plates of which, on at least two opposite exterior walls, are not
over three feet above the finished floor of such story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
A street intersecting another street on one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the street upon which
a lot fronts, or in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint 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.
The dividing line between the street and the lot, also known
as the right-of-way line.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas;
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
A minor street which is parallel and adjacent to a limited
access highway or arterial street, which provides access to abutting
properties and protection from through traffic. Also known as a service
road.
A street used primarily for access to abutting properties.
The distance between street lines measured at right angles
to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. For floodplain
management purposes, walled and roofed buildings, including a gas
or liquid storage tank that is principally aboveground, as well as
a manufactured home.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or 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.
A structure without any foundation footings and which is
removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
A building or portion of a building used as a place of work
by an artist, photographer, or artisan, or used for radio or television
broadcasting.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school," and other similar expressions.
The division or re-division of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
The increase in floor areas occupied by the business by more
than 25% as the floor areas exist on the date of enactment of this
chapter.
Any repair, alteration, reconstruction or improvement of
a structure and/or use, the cost of which equals or exceeds 50% of
its market value either:
Before improvement is started; or
If the structure has been damaged and is being restored, before
the damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration to a structure
listed on the National Register of Historic Places or the State Inventory
of Historic Places.
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to the requirements of this chapter)
of those improvements required as a condition for final approval have
been completed in accordance with the approved plan so that the project
will be able to be used, occupied or operated for its intended use.
A water-filled enclosure, permanent constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone and radio messages
between subscribers and for other business of the telephone company,
provided that in a residential district a telephone central office
shall not include public facilities, storage and materials, trucks
or repair facilities or housing of repair crews.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
A dwelling in which overnight accommodations are used by
transient guests for compensation.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means; or
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
An electric substation containing an assemblage of equipment
for the purpose other than generation or utilization, through which
electrical energy in bulk is passed for the purpose of switching and
modifying its characteristics to meet the needs of the general public.
These surfaces extend outward at 90° angles to the runway
center line and the runway center line extended at a slope of seven
feet horizontally for each foot vertically from the sides of the primary
and approach surfaces where they intersect the horizontal and conical
surfaces. Transitional surfaces for those portions of the precision
approach surfaces, which project through and beyond the limits of
the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at 90° angles to the
extended runway center line.
Any object of natural growth.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The specific purpose for which land or a building is designated,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or equivalent shall not be deemed to include
any nonconforming use.
See "nonconforming use."
The primary or predominant use of any lot.
A use established for a fixed period time with the intent
to discontinue such use upon the expiration of the time period.
A runway that is constructed or intended to be used by propeller
driven aircraft of 12,500 pounds maximum gross weight or less.
The permission granted by the Zoning Hearing Board for an adjustment to some regulation 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 will maintain the spirit and content of this chapter. Such permission shall be granted pursuant to the provisions of this chapter and Articles VI and IX of the MPC (53 P.S. § 10601 et seq., and § 10901 et seq.).
Shall consist of trees, shrubs, flowers, grass, ground or
bank cover or suitable pervious decorative substitute.
A runway intended solely for the operation of aircraft using
visual approach procedures.
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which the blades are attached, that
are used to capture wind for the purpose of energy conversion. The
wind rotor is used generally on a pole or tower and, along with other
generating and electrical storage equipment, forms a wind energy conversion
system.
An opening to the outside, other than a door, which provides
all or part of the required natural light, natural ventilation or
both to an interior space.
An unoccupied space, other than a court, open to the sky,
on the same lot with a building or structure.
A strip of required yard space adjacent the boundary of a
property or district, not less than the width designated in this chapter,
and on which is placed (planted) year-round shrubbery, hedges, evergreens,
or other suitable plantings of sufficient height and density to constitute
an effective screen and give maximum protection and screening to an
abutting property or district, and may include a wall, as provided
for in this chapter.
An open, unoccupied space between the buildings of a dwelling
group or its accessory building and the project boundary or street
line.
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the building front setback line projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front building setback line and the street line. Covered porches,
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required front yard.
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings, not front, side, or rear yard.
An open, unoccupied space on the same lot with the main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear building setback line projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear building setback line.
A building shall not extend into the required rear yard.
An open, unoccupied space on the same lot with the building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line. A building shall not
extend into the required side yards.
The Steelton Zoning Hearing Board, its representatives and
agents.
The map setting forth the boundaries of the Zoning Districts
of the Borough, which shall be part of this chapter.
[2]
Editor's Note: Former definition of "flood," which immediately
followed this definition, was repealed 5-21-2012 by Ord. No. 2012-6,
approved 5-21-2012.
[3]
Editor's Note: Former definitions of "flood-fringe area,"
"flood surface," "floodplain or flood-prone area," "floodproofing"
and "floodway," which immediately followed this definition, were repealed
5-21-2012 by Ord. No. 2012-6, approved 5-21-2012.
[4]
Editor's Note: See 42 U.S.C. § 3602 and 21 U.S.C.
§ 802, respectively.
[5]
Editor's Note: See 52 P.S. § 30.51 et seq., and
35 P.S. § 691.1 et seq., respectively.
[6]
Editor’s Note: Former definitions of “regulatory
flood” and “regulatory flood elevation,” which immediately
followed this definition, were repealed 5-21-2012 by Ord. No. 2012-6,
approved 5-21-2012.
