A.Â
Long title. This is a chapter to establish zoning regulations for
the use of land and structures, bulk of buildings and other structures,
the density of population, the provision of off-street parking spaces,
and similar accessory regulations for the Borough into districts,
and further, to provide for administrative enforcement and amendment
therefor, in accordance with the provisions of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, as amended,[1] and to repeal all ordinances in conflict herewith.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.Â
Short title. This chapter shall be known and may be cited as the
"Quarryville Borough Zoning Ordinance."
C.Â
General intent.
(1)Â
The zoning regulations and districts set forth in this chapter
are made in accordance with the Comprehensive Plan of the Borough
of Quarryville for the general welfare of the Borough.
(2)Â
The Comprehensive Plan contains goals and objectives for Borough
planning and land use. These objectives are intended to achieve, among
other things, the following purposes:
(a)Â
To lessen congestion in the streets;
(b)Â
To secure safety from fire and other dangers;
(c)Â
To provide adequate light and air;
(d)Â
To prevent the overcrowding of the land and avoid undue concentration
of the population;
(e)Â
To facilitate adequate provisions for transportation, water,
sewerage, schools, parks, and other public improvements; and
(f)Â
To provide for the conservation of the value of land and buildings.
These objectives were made with reasonable consideration of
the existing character of the various areas within the Borough of
Quarryville and their respective suitability of particular uses.
A.Â
Minimum and uniform regulations. The regulations set by this chapter
within each district shall be minimum regulations, unless specified
otherwise, and shall apply uniformly to each type of structure or
land.
B.Â
New uses and structures. In all districts, after the effective date of this chapter, any existing building or other structure or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article XV.
C.Â
Types of control. The following minimum and uniform regulations shall
apply in the respective districts:
(1)Â
Use regulations, including uses by right, and accessory uses
and uses by special permit.
(2)Â
Area and bulk regulations, including required front, side and
rear yards and maximum permitted height and allowable lot coverage
requirements in those districts in which they apply.
(3)Â
Off-street parking regulations, including minimum required parking
spaces.
(4)Â
Off-street loading regulations, including minimum required parking
berths for specified uses.
(5)Â
Sign regulations, including their sizes, lighting and location.
(6)Â
Special regulations dealing with open space, landscaping, access
and traffic control.
(7)Â
Special use regulations deemed necessary to implement the purpose
of the chapter and the Borough of Quarryville Comprehensive Plan.
A.Â
For the purposes of the Zoning Ordinance, the Borough of Quarryville
is hereby divided into the following nine districts:
[Amended 4-4-2005 by Ord.
No. 361]
R-1: Residential District (single-family structures)
|
R-2: Residential District (one- and two-family structures)
|
R-3: Residential District (multifamily structures)
|
R-4: Residential District (multifamily structures and manufactured
home parks)
|
MU: Mixed-Use District (retail, office and commercial uses with
upper-floor apartments)
|
C-1: Commercial District
|
C-2: Highway Commercial District
|
C/I: Commercial/Industrial District
|
PR: Park and Recreation District
|
B.Â
Lot sizes. Any lot, as well as the required open spaces on it, must
equal or exceed the minimum lot sizes prescribed by this chapter for
the district in which the lot is located.
A.Â
Adoption of Zoning Map.
(1)Â
The areas within the Borough limits as assigned to each district
and the location of boundaries of the district established by this
chapter are shown upon the Zoning Map, which together with any explanatory
data thereon is declared to be a part of this chapter and shall be
kept on file with the Borough Secretary.
(2)Â
If and whenever changes are made in boundaries or other matter
included in said Zoning Map, such changes in the map shall be made
within five days after the amendment has been approved by the Borough
Council.
B.Â
District boundary lines.
(1)Â
The district boundary lines shall be as shown on the Zoning Map. District boundary lines are intended to coincide with lot lines, center lines of streets and alleys, the corporate boundary of the Borough or as dimensioned on the map. In case of doubt or disagreement concerning the exact location of the boundary line, the determination of the Zoning Hearing Board, as provided in Article XVI, shall prevail.
(2)Â
Where a district boundary line divides a lot held in single
and separate ownership, the respective use regulations in the respective
districts shall apply to the respective parts of the lot.
A.Â
Severability. Should any section or provision of this chapter be
declared by the courts to be unconstitutional or invalid for any reason,
such a decision shall not affect the validity of the ordinance as
a whole nor the validity of any other section or provision of the
ordinance than the one so declared.
B.Â
Repeal of conflicting ordinances. All existing ordinances or parts
of ordinances which are contrary to the provisions of this chapter
are hereby repealed to the extent necessary to give this chapter full
force and effect.
A.Â
Language interpretation. Unless otherwise expressly stated, the following
words and phrases shall have, for the purposes of this chapter, the
meanings given in the following definitions.
(1)Â
Words in the present tense shall include the future.
(2)Â
The singular includes the plural.
(3)Â
The word "person" includes an individual, firm, partnership,
corporation, company, association, or governmental entity, including
a trustee, an assignee, or similar representative.
(4)Â
The term "shall" is mandatory.
(5)Â
The word "used" or "occupied" are applied to any land or building
and shall be construed to include the words "intended," "arranged,"
"designed," "constructed," "altered," or "converted to be occupied
or used."
(6)Â
The word "Council" and the words "Borough Council" always refer
to the Quarryville Borough Council.
(7)Â
The word "Commission" and the words "Planning Commission" always
refer to the Quarryville Borough Planning Commission.
(8)Â
The word "Board" or the words "Zoning Hearing Board" always
refer to the Quarryville Borough Zoning Hearing Board.
(9)Â
The words "Zoning Officer" always refer to the Quarryville Borough
Zoning Officer.
(10)Â
"Chapter" and "ordinance" always refer to the Quarryville Borough
Zoning Ordinance.
B.Â
ABANDONMENT
ACCESSORY BUILDING
ACCESSORY USE
ADULT-ORIENTED BUSINESS
(1)Â
(a)Â
[1]Â
[2]Â
[3]Â
(2)Â
(a)Â
(b)Â
(3)Â
(4)Â
AGRICULTURE, EXTENSIVE
AGRICULTURE, INTENSIVE
ALTERATION
ANIMAL SHELTER
ANTENNA
ANTENNA SUPPORT STRUCTURE
ANTENNA SUPPORT STRUCTURE HEIGHT
APARTMENT BUILDING
APARTMENT, UPPER-LEVEL
APPLICANT
APPLICATION FOR DEVELOPMENT
AUTOMOBILE REPAIR/SERVICE STATION
AUTOMOTIVE ACCESSORIES
AUTOMOTIVE SALES AND SERVICE
BASEMENT
BED-AND-BREAKFAST INN
BOARDER, LODGER, or ROOMER
BOARDING OR ROOMING HOUSE
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LENGTH
BUILDING SETBACK LINE
BUILDING SPACING
BULK
CAR-WASHING FACILITY
CARTWAY
CEMETERY
CHANGE OF USE
COMMERCIAL RECREATION
COMMON OPEN SPACE
COMMUNITY CENTER
COMMUNITY PARK
CONDITIONAL USE
CONSTRUCTION SITE
CONTINUING-CARE RETIREMENT COMMUNITY
CRAFTS, SKILLED
DAY-CARE CENTER/NURSERY SCHOOL
DECK
DENSITY
DEVELOPER
DEVELOPMENT
DRIVEWAY
DWELLING UNIT
DWELLING, MANUFACTURED HOME
DWELLING, MANUFACTURED HOME
DWELLING, MULTIFAMILY
DWELLING, MULTIFAMILY, CONDOMINIUM
DWELLING, QUADRAPLEX
DWELLING, SINGLE-FAMILY ATTACHED
DWELLING, SINGLE-FAMILY DETACHED
DWELLING, SINGLE-FAMILY SEMI-DETACHED (TWIN HOUSE)
DWELLING, TWO-FAMILY DETACHED (DUPLEX)
EASEMENT
ECHO HOUSING
EMERGENCY SERVICES
EMPLOYEE
ENGINEER
FAMILY
FAMILY DAY CARE
FEED LOT
FEEDER STREET
FINANCIAL ESTABLISHMENT
FLOODPLAIN
FLOOR AREA
FLOOR AREA RATIO
FORESTRY
FUNERAL HOME OR MORTUARY
GARAGE, PRIVATE
GREENHOUSE, COMMERCIAL
GROUP HOME
HOME OCCUPATION
HOME OCCUPATION, NO-IMPACT HOME BASED
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
HOTEL/MOTEL
IMPERVIOUS SURFACE
IMPERVIOUS SURFACE RATIO
IMPROVEMENTS
INSTITUTIONAL USE
JUNKYARD
KENNEL
LAND DEVELOPMENT
(1)Â
(2)Â
(3)Â
LANDOWNER
LIBRARY
LOT
LOT AREA
LOT DEPTH
LOT LINE
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
LOT WIDTH, STREET LINE
LOT, CORNER
LOT, INTERIOR
MANUFACTURED HOME LOT
MANUFACTURED HOME PAD
MANUFACTURED HOME PARK
MANUFACTURING, HEAVY
MANUFACTURING, LIGHT
MEDICAL OFFICE
MUNICIPAL USE
MUNICIPALITIES PLANNING CODE (MPC)
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICE
OPEN SPACE
OPEN SPACE RATIO
PARKING LOT
PATIO
PERMIT
(1)Â
(2)Â
PLACE OF WORSHIP
PORCH
PRINCIPAL USE
PRIVATE CLUB
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC SEWAGE FACILITIES
PUBLIC WATER FACILITIES
RECREATIONAL FACILITY
RECREATIONAL FACILITY, PRIVATE
RECREATIONAL FACILITY, PUBLIC
REPAIR SHOP
RESIDENTIAL CONVERSION
RESTAURANT
RESTAURANT, DRIVE-THROUGH
RETAIL STORE
REVERSE-FRONTAGE LOT
RIGHT-OF-WAY
RIGHT-OF-WAY, EXISTING
RIGHT-OF-WAY, FUTURE
SCHOOL
SERVICE BUSINESS
SHOPPING CENTER
SHORT-TERM RECREATION
SITE
SITE AREA
SITE AREA, BASE
(1)Â
(2)Â
(3)Â
SPECIAL EXCEPTION
STABLE
STEEP SLOPES
STREET LINE
STRUCTURE
SUBDIVISION
TAVERN
TRUCK AND FARM EQUIPMENT SALES
UTILITIES
VARIANCE
VETERINARY OFFICE
WETLANDS
WHOLESALE - DISTRIBUTION, SALES AND SERVICE
WOODLANDS
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING OFFICER
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
The cessation of a use of a property, land, and/or other
structures by the owner, with intention of neither resuming the use
nor transferring the use of the property to another who will continue
the existing use.
A detached, subordinate building, the use of which is entirely
incidental to that of the principal building and is used for an accessory
use, and is located on the same lot. An accessory building includes
storage or utility sheds for residential purposes.
A use customarily incidental and subordinate to and located
on the same lot occupied by the principal use to which it relates.
A business or club which engages in one or more of the following
areas of sales, services, or entertainment:
ADULT BOOKSTOREAny establishment or place:
Which has a substantial or significant portion of its stock-in-trade
consisting of the following items:
Books, magazines, or other periodicals, films, or other forms
or audio or visual representation which are characterized by an emphasis
on depiction, description or display of sexual activities or conduct
or uncovered male or female genital areas;
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities; and/or
To which the public is permitted wherein coin- or slug-operated
or electronically or mechanically controlled still or motion picture
machines, projectors, and the like are maintained to show images,
with or without sound, where the images are characterized by sexual
activities or uncovered male or female genital areas.
ADULT THEATERAny theater, auditorium, concert hall or other place of assembly:
Presenting any form of audio and/or visual material and in which
a substantial portion of the presentation time measured over any consecutive
twelve-month period is devoted to the showing of material which is
characterized by sexual activities or uncovered male or female genital
areas.
Featuring live performances on a regular basis which is characterized
by sexual activities or uncovered male or female genital areas, including
exotic dancing or stripping featuring uncovered female breasts and/or
genital areas.
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth, not including athletic clubs, health clubs, schools, gymnasiums, reducing salon, spa or similar establishment where similar manipulation of the human body is offered as an incidental or accessory service.
OTHER ADULT-ORIENTED RETAIL, COMMERCIAL SERVICE OR ENTERTAINMENT ESTABLISHMENTAny other business or club which primarily offers its patrons or members retails goods, services, or entertainment which is characterized by an emphasis on matter or activities, relating to, depicting, describing or displaying sexual activity or conduct or uncovered male or female genital areas.
Includes the customary growing of crops and raising of livestock
for production or meat, dairy products, skins and like activities
such as horticulture, excluding intensive agriculture as hereinafter
defined. Extensive agricultural typically requires substantial areas
of land, and, by reason of disbursed activity, generally presents
few environmental problems, such as runoff, animal waste concentrations
and the like.
Includes, but may not be limited to the following activities:
raising of poultry, mushroom houses, fattening pens, enclosed feed
lots, and pig lots which typically result in strong offensive odors,
substantial runoff, large concentrations of animal waste, noise, extensive
use of chemicals, compost and manure piles.
Any change in or addition to the supporting members of a
building or structure such as beams, bearing walls, columns, girders,
joists, or rafters; enclosing walls; doors or windows, in exterior
walls; or changing outside physical dimensions of the building or
structure.
A portion of a rear yard area which contains a structure,
not including a stable, to house animals or fowl for noncommercial
purposes.
A device used to receive and/or transmit wireless radio,
television, telephone, digital or other communications, including
microwave dishes, panels, grids and poles.
Any monopole, telescoping mast, tower, tripod, lattice structure
or any other type of structure used to support an antenna(s); also
called a communication tower.
The vertical distance, measured along the vertical center
line of the antenna support structure from the grade of original and
undisturbed ground to the highest point of the antenna(s) and antenna
support structure.
A structure containing three or more dwelling units each
with one or more rooms with private bath and kitchen facilities comprising
an independent, self-contained dwelling unit.
An apartment or group of apartments, none of which is located
entirely on the first or ground floor, which floor is occupied by
another principal use(s), except their entrance(s) and/or lobbies.
A landowner or developer, including heirs, successors, assigns
and grantees, who has filed an application for subdivision and/or
land development, as defined herein, as or an application for a special
exception, variance or conditional use.
Every application, whether preliminary or final, which is
filed and required to be approved prior to the start of construction
of development, including but not limited to an application for a
building permit, for the approval of a subdivision plan, or for the
approval of a land development plan.
A structure, building or area of land or any portion thereof
that is used for the sale of gasoline and/or other motor vehicle fuel,
which may or may not include facilities for lubrication, service,
washing or minor repair or painting new or used vehicles or the replacement
or refurbishment of body components, drivetrain components, and similar
components of motor vehicles, farm equipment and machinery, boats,
trailers, lawn mowers, motorcycles, and other vehicles and equipment.
Any use dispensing motor fuel for its own vehicles will not be deemed
to be an automobile service station.
The sale of "automotive accessories," parts, tires, batteries
and other supplies. Installation and storage of parts shall be in
an enclosed structure.
The use of any building or land for the display and sale
of new and used automobiles, panel trucks, vans, trailers, recreational
vehicles, motorcycles, and trucks and for repair and replacement of
the mechanical components of same when conducted as an accessory use
related to the primary use of sales.
The part of a building below the first floor which is wholly
or partly underground. It shall be considered a story for the purposes
of height measurement or square footage of floor area if used for
business purposes or human habitation.
An owner-occupied building used for the accommodation of
transient guests, chiefly motorists, that contains guest rooms for
rent and that provides at least one meal prepared by the owner or
a designated helper.
A person other than a family member occupying any room or
group of rooms forming a single habitable unit used for living and
sleeping, but not for cooking and eating purposes, and paying compensation
for such boarding or lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such a room
or rooms and paying such compensation without prearrangement for less
than a week at a time shall be classified not as a boarded, lodger,
or roomer, but as a guest of a commercial lodging establishment, such
as a motel, hotel, or tourist home. Hotels and motels shall be excluded
from this definition.
A dwelling used for the housing of roomers, boarders or lodgers,
with or without common eating facilities.
A structure under roof, whether stationary or movable, designed
or used for the shelter, housing, enclosure or support of persons,
animals or property. The word "building" shall include any part thereof.
The area of a site which is under any part of a building.
The portion of the lot area covered by buildings, often expressed
as a percentage.
A vertical distance measured from the elevation of the finished
grade at the front of the building or structure to the highest point
of the roof structure.
The horizontal measurement of any continuous building wall.
A line, within and extending the full width of a lot that
is parallel to the street line and setback from the street line a
distance equal to the depth of the minimum required front yard.
The minimum distance between buildings as measured from the
outermost wall or projection, excluding bay windows, chimneys, flues,
columns, ornamental features, cornices and gutters. These exceptions
may encroach no more than three feet.
The term used to describe the size, height and floor area
of buildings or other structures and their relationship to each other,
to open areas such as yards, and to lots lines; the relation of the
number of dwelling units in a residential building to the area of
the lot (usually called "density"); all open areas in yard space relating
to buildings and other structures.
A commercial establishment primarily engaged in the automated
washing of vehicle exteriors or which provides bays for hand-washing
of cars and which may or may not include vehicle vacuum services.
The paved area of a public or private street, within which
vehicles are permitted, including travel lanes, but not including
shoulders, curbs, gutters, sidewalks or drainage swales.
A burial place or graveyard, including mausoleum, crematory,
columbarium, or chapel.
An alteration of a building, structure or land by change
of use, heretofore existing, to a new use which imposes other special
provisions of law governing building construction, equipment, exits,
or zoning regulations.
A privately owned, indoor recreation center which may include
such recreational uses such as basketball courts, batting cages, multipurpose
room(s) and the like.
Those areas within a residential development dedicated to
the use of the residents thereof or to the public generally. Common
open space areas shall include, but are not limited to, those areas
dedicated to active or passive parks and recreation areas, not including
streets, off-street parking areas, and areas set aside for public
facilities, such as areas for public sewer or water systems and stormwater
management facilities.
A building and its land providing recreation opportunities,
an adult education center, or other similar facility operated by an
educational, philanthropic, municipal or religious institution.
A tract of land designated and used by the public primarily
for either active and/or passive recreation.
A use permitted in a particular zoning district by the Borough
Council pursuant to the provisions of this chapter and the Pennsylvania
Municipalities Planning Code, as amended.[1]
The total area wherein building, rebuilding, renovation,
repair, extension, expansion, alteration, or relocation of a building
or structure, including the placement of prefabricated or mobile units
takes place.
A proprietary facility licensed by a governmental authority
for the accommodation of elderly persons which may provide its residents
with a range of dwelling unit types, services and nursing care which
they may require and which may include independent living units and
more supportive care facilities (known as "personal care" or "assisted
living") and nursing care. In addition, continuing-care retirement
communities may provide accessory uses including, but not limited
to, respite care in the nursing facility, hospice, home-delivered
meals, on-site satellite adult and intergenerational day-care center,
home health care and other incidental services. For the purposes of
this definition, a nursing home shall be considered a continuing-care
retirement community.
Crafts and trades such as plumbing, carpentry, upholstery,
cabinet-making, furniture-making, planning mill and similar activities.
A facility which provides out-of-home care for part of a
twenty-four-hour day to children under 16 years of age, excluding
care provided by relatives. Additionally, a day-care center. Nursery
school is a facility in which care is provided for seven or more children
at any one time and where the child care areas are not being used
as a family residence.
Wood or concrete structure installed above grade and without
walls or roof as an extension or addition to a dwelling unit.
A measure of the number of dwelling units per acre of land
area. It shall be expressed in dwelling units per acre.
Any landowner, agent of such landowner or 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, the
placement of manufactured homes, streets and other pavings, utilities,
filling, grading, excavation, mining, dredging, or other drilling
operations, as well as the subdivision of land.
[Amended 4-4-2005 by Ord.
No. 361]
A private cartway providing vehicular access to and from
a public or private street to an abutting parcel. A driveway shall
be limited to serving only one use and in the case of residential
uses not more than two dwelling units.
A room or group of rooms located within a residential building
and forming a single, habitable unit with facilities used, or intended
to be used, for living, sleeping, cooking and eating by one family.
A fully prefabricated transportable, single-family detached
dwelling unit intended for household occupancy contained in one or
more units designed to be joined into one integral unit, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations and household furnishings. It is
constructed as required by the Borough Building Code[2] and shall be placed on a permanent foundation with the
same, or equivalent, electrical plumbing and sanitary facilities as
for a conventional stick-built single-family detached dwelling. A
manufactured home may include any addition or accessory structure
such as porches, sheds, decks, which are attached to it.
A transportable, single-family detached dwelling unit intended
for household occupancy contained in one or two units designed to
be joined into one integral unit, which arrives at a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations; and is constructed so that it may be used
without a permanent foundation, but with the same, or equivalent,
electrical, plumbing and sanitary facilities as for a conventional
addition or accessory structure such as porches, sheds, decks, which
are attached to it.
[Amended 4-4-2005 by Ord.
No. 361[3]]
A building designed for and occupied exclusively as a residence
for two or more households living independently of each other.
A dwelling or group of dwellings specifically designed for
separate ownership of the individual dwelling units, which may have
a common access to the exterior of the building, with the remainder
of the building and grounds designated for common ownership (see "condominium"),
but are only allowed in accordance with the specific terms and conditions
of this chapter.
A freestanding building containing four dwelling units arranged
in a square or similar configuration so that each dwelling unit shares
at least two interior walls with at least two other dwellings.
A dwelling with party walls separating two or more single-family
dwelling units including triplex, quadraplex, multiplex and townhouse
buildings.
A building designed for and occupied exclusively as a residence
for only one family and having no party wall in common with an adjacent
dwelling unit, exclusive of manufactured homes as defined herein.
[Amended 4-4-2005 by Ord.
No. 361]
A single-family dwelling separated by one common party wall
from ground to roof with no communicating openings.
A building designed for and occupied as a residence, containing
two dwelling units and having no common or party wall with any adjacent
dwelling.
A right-of-way granted for the limited use of land for public
or quasi-public purposes. The owner of the property on which an easement
is situated shall not have the right to make use of the land contained
within the easement in a manner which violates or diminishes the rights
of the grantee described in the easement agreement.
An additional dwelling unit created by the addition to or
conversion of an existing principal dwelling or by the placement of
a manufactured home on a property containing an existing dwelling,
for occupancy by persons related by blood, marriage or adoption to
the occupants of the principal dwelling.
[Amended 4-4-2005 by Ord.
No. 361]
Fire, ambulance, rescue or other emergency services of a
municipal or volunteer nature.
A person who is employed or is engaged in gainful activity.
For the purposes of this chapter, the terms shall refer to the maximum
number of employees on duty at any time, at a place of business, whether
the employees are full or part-time. If shifts are involved in which
two shifts overlap, it refers to the total of the both shifts.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
An individual or individuals related by blood, marriage,
or adoption (including persons receiving foster care) that maintain
one common household and live within one dwelling unit. Additionally,
for the purposes of determining eligibility to occupy a dwelling unit,
up to three unrelated individuals who maintain a common household
and live within one dwelling unit. A family shall also include any
number of unrelated persons who reside within a group home, licensed
by an appropriate governmental agency, to provide a supportive living
arrangement for unrelated individuals where special care is needed
by the individuals served due to age, emotional, mental, or physical
handicap and shall expressly include facilities for the supervised
care of developmentally disabled persons. It is the intent of the
Borough that this definition be interpreted to comply with the Federal
Fair Housing Amendments Act.
[Amended 4-7-2014 by Ord.
No. 406]
A family day care use is a facility in which care is provided
for one or more children, but no more than six at any one time, who
are not relatives of the caregiver, and where the child care areas
are being used as a residence.
A lot or plot of ground on or in which livestock are fed
or fattened with prepared food brought to the lot; grazing land is
not included.
A narrow street through the middle of a block which provides
access to the rear of buildings, but from which a building may not
have its primary means of access.
A bank, savings-and-loan association, credit union, or other
financial establishment.[4]
A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source; and/or the identified floodplain area as determined by Chapter 210, Floodplain Management.
[Amended 3-7-2016 by Ord.
No. 415]
The sum of the gross floor area for each of a building's
stories measured from the exterior limits of the faces of the structure.
The floor area includes the basement floor area and attic floor area
and penthouses. It does not include basements, enclosed porches, and
attics not used for human occupancy, nor any floor space in an accessory
building nor in the main building intended for or designed for the
parking of motor vehicles, nor any such floor space intended and designed
for accessory heating and ventilating equipment.
The floor area of all buildings or structures on a lot, divided
by the net lot area.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting, and selling trees for commercial
purposes, which does not involve any land development.
An establishment for the preparation of the deceased for
burial, the display of the deceased, and any ceremonies connected
therewith before such burial or cremation.
A storage building for vehicles which is accessory to a principal
building whether attached or separate, and used only for storage purposes.
An enclosed structure used for the growing, raising, keeping,
and/or selling of flowers or other plants.
A dwelling unit operated by a reasonably responsible individual,
family or organization with a program to provide a supportive living
arrangement for individuals where special care is needed by the individual
served due to age, emotional, mental or physical handicap. This definition
shall expressly include facilities for the supervised care of developmentally
disabled persons and all persons subject to protection under the Federal
Fair Housing Act Amendments of 1988. A group home must be licensed
where required by any appropriate government agency, and a copy of
any such license shall be delivered to the Zoning Officer prior to
the initiation of the use. A group home shall be subject to the same
limitations and regulations by the Borough as the type of dwelling
unit the group home occupies. It is the express intent of the Borough
to comply with all provisions of the Federal Fair Housing Act, as
amended, and the regulations promulgated thereunder, in the construction
of this term. A group home, as defined herein, shall not be considered
an "institutional use," as that term is defined in below. A group
home shall not include nursing homes, alcoholism or drug treatment
centers, work-release facilities for convicts, or any housing facility
serving as an alternative to incarceration.
[Amended 4-7-2014 by Ord.
No. 406]
An occupation conducted within a room or rooms of a single-family
detached dwelling unit which is clearly secondary and customarily
incidental to the residential use. The premises on which the activity
is conducted shall, at all times, maintain an external residential
appearance. There shall be no display of goods outside the building(s)
on the lot, no window displays, or no exterior devices indicating
or advertising nonresidential activities. See also "no-impact home-based
occupation."
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. No-impact home-based occupations are permitted in
all zoning districts. 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 sale of retail goods and no stockpiling or
inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A building or group of buildings used for the accommodation
of transient guests, chiefly motorists, and containing guest rooms
for rent.
Those surfaces which do not absorb water. All buildings,
parking areas, driveways, roads, sidewalks, and other areas in concrete,
asphalt, and packed, stone shall be considered impervious surface
within this definition. In addition, other areas as determined by
the Borough Engineer to be impervious within the meaning of this definition
will also be classified as impervious surface.
A measure of the intensity of land use, determined by dividing
the total area of all impervious surfaces within the lot area of the
site by the lot area.
Changes made to the land including, but not limited to, grading,
paving, curbing, fire hydrants, water mains, sanitary sewers, and
other surface drainage facilities, retaining walls, street signs,
monuments and the like.
Any formalized or structured system, whether private or public,
providing care, containment, education, guidance or training to persons
of any age and requiring facilities, structures and/or housing of
those persons. Examples of institutional uses are colleges, boarding
schools, hospitals, long-term-care facilities, and prisons, and detention
centers.
Any area of land, including structures and buildings or part
thereof, that is used for the outdoor deposit or storage, for a period
of three months or more, of articles, equipment, machinery, metals,
building materials, wastepaper, rags, timbers and the like which are
no longer used in their original form but which may or may not have
salvage value. The deposit or storage on a lot of two or more unregistered,
uninspected, wrecked or disabled motor vehicles, or major parts thereof,
shall be deemed to constitute a junkyard.
An establishment, structure, lot or portion of a lot on or
in which more than six dogs, cats, or domestic pets are housed, bred,
boarded, trained or sold.
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 of cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenants.
The division or allocation of land or space, whether initially
or cumulatively, between or among two 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.
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 person having a proprietary interest in the land.
A building which is open to the public or connected with
a permitted educational use, and not conducted as a private gainful
business, where literary, musical, artistic or reference materials
are kept for use, but are not for sale.
A designated parcel, tract or area of land established by
a plot or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area of land included within the metes and bounds of
a lot excluding that area within such metes and bounds which is set
aside as the ultimate right-of-way for a public street.
The mean distance from the street line of the lot to its
opposite rear line, measured in the general direction of the side
lines of the lot.
Any boundary line of a lot.
The lot line which is opposite from the front lot line. The
rear lot line of any triangularly or irregularly shaped lot shall
be a line entirely within the lot which is at least 10 feet long.
In the case of a corner lot when the owner shall have the option of
choosing which of the two lot lines that are not street lines shall
be considered a rear lot line.
Any lot line which is not a street line or a rear lot line.
Unless otherwise specified in this chapter, the distance
measured between the side lot lines at the required building setback
line. In a case where there is only one side lot line, lot width shall
be measured between such side lot line and the opposite lot line or
street ultimate right-of-way line. For lots with a curved or irregular
front lot line, the width shall be measured along a line parallel
to a straight line joining the points where side lot lines intersect
the front lot lines.
For the purposes of measuring lot width, street line lot
width shall be measured along the legal right-of-way or the cartway.
For lots with a curved or irregular front lot line, the street line
lot width shall be measured along a line parallel to a straight line
joining the points where side lot lines intersect the front lot lines.
A parcel of land abutting upon two or more streets at their
intersection, or upon two parts of the same street forming an interior
angle of less than 135°.
A lot which has limited frontage on a public or private road
where the frontage is intended primarily as an access to the parcel.
The strip of land used for access shall be fee simple part of the
parcel.
A parcel of land in a manufactured home park improved with
the necessary utility connections and other appurtenances necessary
for the erection, thereon, of a single manufactured home.
[Amended 4-4-2005 by Ord.
No. 361]
That part of an individual lot which has been reserved for
the placement of a manufactured home, appurtenant structures, or additions
and which has been constructed according to the specification of this
chapter.
[Amended 4-4-2005 by Ord.
No. 361]
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
[Amended 4-4-2005 by Ord.
No. 361]
The assembly, construction, fabrication, machining, manufacture
or processing of materials or goods that emit noxious smells, high
ambient sounds levels, excessive light or glare, or pollutants beyond
the confines of the building or structure intended for such use.
Any industrial type that does not meet the criteria of heavy
industry above.
An office or clinic for medical or dental examination or
treatment of persons as outpatients, including laboratories incidental
thereto, and optometrists.
Any land or use owned, leased or operated by the Borough
or by a municipal authority incorporated by the Borough, including,
but not limited to, Borough offices, public works buildings, sewer,
storm sewer, and water facilities, and park and recreation areas.
[Amended 4-7-2014 by Ord.
No. 406]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, reenacted and amended by Act 170 of 1988, and as amended thereafter.[5]
A lot the area or dimension of which was lawful prior to
the original adoption or subsequent 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 structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in a
zoning ordinance or amendment theretofore or heretofore enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include, but are not limited to nonconforming signs.
A use, whether of land or 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 original enactment of this chapter or subsequent amendment,
or prior to the application of the chapter or subsequent amendment
to its location by reason of annexation.
A business, professional, or governmental office other than
medical or veterinary offices.
Land which is used for recreation, resource protection, amenities, buffers, and/or natural waterways and access to recreation or amenities, and is protected by this chapter and Chapter 355, Subdivision and Land Development, to ensure that it remains in such uses. "Open space" shall be common and/or public space and shall not include lots in individual ownership.
A measure of the intensity of land use. It is arrived at
by dividing the total amount of open space within the site by the
site area minus existing and future roads and road rights-of-way,
existing and proposed utility rights-of-way and easements, areas used
for easements for stormwater management facilities, land which is
not contiguous or land which has already been reserved for open space.
It represents the minimum percentage of the site area that must be
maintained as open space.
An off-street improved area with individual designated parking
spaces and having individual access for the purpose of parking motor
vehicles.
A concrete or masonry pad directly on grade and without walls
or roof, as an extension or addition to a dwelling unit.
A legal document issued by a governmental authority permitting
some type of legal action, including:
OCCUPANCY PERMITA required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of all applicable ordinances; and
ZONING PERMITA document signed by the Zoning Officer, as required in this chapter and as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the municipal zoning or authorized variance therefrom.
Any structure or structures used for worship of religious
instruction, including social and administrative rooms which may be
accessory thereto.
An extension of a dwelling unit with a roof supported by
posts but without permanent walls.
The main use on a lot.
Any organization established for social, fraternal, professional
or religious purposes and characterized by regular meetings based
on a constitution and/or by laws and with or without payment of dues.
May have building and facilities used for club or lodge purposes when
it serves as a meeting place. May be used for social and/or dining
purposes for the members and guests.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in 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."[6]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. The notice
shall be published at least five days apart, and such notice shall
state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Any system used for the collection and/or treatment of sewage
from more than one development unit as approved by the appropriate
county or state agency.
Any system, regardless of ownership, which supplies water
to more than one development unit as approved by the appropriate county
or state agency.
An area which may or may not contain a building or buildings
and which may contain sports and game related-equipment, fields or
courts necessary to fulfill its permitted functions.
An area or park which may or may not contain a building or
buildings and which may contain sports and game-related equipment,
fields or courts necessary to fulfill its permitted functions owned
or operated by a nongovernmental agency.
An area or park which may or may not contain a building or
buildings and which may contain sports and game-related equipment,
fields or courts necessary to fulfill its permitted functions owned
or operated by the Borough or other governmental agency.
A shop for the repair of items, including but not limited
to the following: appliances, lawn mowers, watches, guns, bicycles,
locks, small business machines, and not including automobiles, motorcycles,
trucks, trailers, and other heavy equipment.
The conversion of an existing residential structure into
two or more dwellings units.
A building used for the purpose of furnishing food to the
public to be primarily consumed on the premises. Such a restaurant
does not include drive-through services but may include walk-in or
takeout services.
A building used for the purpose of furnishing food to the
public to be consumed on the premises. Such a restaurant may include
drive-through service to allow for the serving and pickup of food,
without leaving the vehicle, for off-premises consumption.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods, such as but not limited
to hardware store, pharmacy, book/magazine store, florist or clothing
store.
A lot extending between and having frontage on two generally
parallel streets, with vehicular access only from one street.
Land set aside for use as a street, alley, other means of
travel, or essential services or utilities.
The legal right-of-way as established by the commonwealth,
the Borough or other appropriate authority and currently in existence.
The right-of-way deemed necessary by the Borough Comprehensive
Plan, the Lancaster County Planning Commission and/or the Official
Map as appropriate to provide adequate width for future street improvements.
Also referred to as the "ultimate right-of-way."
A religious (either sectarian or nonsectarian) denominational
private school, or a public school which is not conducted as a private
gainful business; also nursery schools operated as a private gainful
business.
The rendering of assistance or conferring a benefit upon
another, done directly for the person concerned such as a doctor,
lawyer, dentist, dressmaker, architect, barber or establishment of
a like or similar nature, excluding adult entertainment as defined
in this chapter.
A group of buildings, whether attached or detached engaged
in retail and/or service related businesses, which is planned and
designed as a complex of related structures and circulation patterns.
A recreational activity conducted in an open area which involves
the rental of facilities or accommodations for a short period of time.
A parcel or contiguous parcels of land to be developed pursuant
to a land development plan and/or subdivided pursuant to a subdivision
plan.
All land area within the site as defined in the deed(s) therefor.
The Borough may require this area to be verified by a site survey.
The area of the site remaining after subtracting all the
land area which has any of the following characteristics:
Not contiguous to the site area to be improved or the parcel
to be subdivided;
In any and all proposed and existing streets, street rights-of-way
and railroad-rights-of-way;
The area of any and all easements for and the area used for
and/or within any and all utility(ies) for gas, water, sewer, stormwater,
electric, telephone and communications, stormwater management facility(ies)
and/or system, body of water at its highest elevation, wetlands and
floodway, and also subtracting the following areas:
Any building or establishment in which horses are kept for
remuneration, hire, sale or housing.
Areas where the average slope exceeds 15% and has a grade
crossing three consecutive two-foot contours or six feet in elevation.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, or parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of ownership, of building, or
building or lot development; provided, however, that the subdivision
by lease of land for agricultural purposes into parcels of more than
10 acres or any residential dwelling, shall be exempted.
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board.
Truck, heavy equipment and farm equipment repair and sales.
Those services customarily rendered by public utility corporations,
municipalities, or municipal authorities, in the nature of electricity,
gas, telephone, water and sewerage, including the appurtenances used
in connection with the supplying of such services (including buildings,
wires, pipes, poles and the like), and not including public incinerator
and public and private landfills.
An office of a veterinarian with an accessory animal kennel.
In no event shall kennels be allowed as the primary use.
Areas of poorly drained or water-saturated soils supporting
wetland vegetation, where the water table is at or near the surface
or where shallow water covers the area due to permanent or seasonal
inundation of surface or groundwater. Also, soils identified and/or
regulated by the Pennsylvania Department of Environmental Protection,
the United States Conservation Service, United States Army Corps of
Engineers, and/or the Environmental Protection Agency or their successor
agencies.
The distribution, sale or storage of commodities in large
quantities by a middleman or business. These goods or services are
usually sold to a retail merchant and these operations are generally
not open to the public and have limited counter sales. They generally
require large storage facilities with access for truck delivery and
pickup.
Areas comprised of one or more acres of mature or largely
mature trees and in which the largest trees measure at least six inches
dbh (diameter at breast height) or 4Â 1/2 feet above ground. The
woodland shall be measured from the drip line of the outer trees.
Woodlands are also 10 or more individual trees which measure at least
10 inches dbh and form a contiguous canopy.
An open space, unobstructed from the ground up, except for
permitted projections and plantings, on the same lot with the structure,
and which extends along a lot line or street line and inward to the
structure. The size of the yard shall be measured from the shortest
distance between the structure and the lot line or street line.
A yard between a structure and a street line extending the
entire length of the street line. In the case of a corner lot, yards
extending along all streets are front yards. In case of a lot other
than a corner lot that fronts on more than one street, the yards extending
along all streets are also considered front yards.
A yard between a structure and the rear lot line which extends
the entire length of the rear lot line.
A yard between a structure and a side lot line extending
from the front yard to the rear yard. In the case of a lot having
no street frontage or a an irregularly shaped lot, any yard that is
not a front yard or a rear yard shall be a side yard.
The administrative officer of the Borough of Quarryville
charged with the duty of enforcing the provisions of this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: This ordinance changed instances of "mobile
home" to "manufactured home" throughout the chapter.
[4]
Editor's Note: Former definition of "flood fringe," which
immediately followed this definition, was repealed 3-7-2016 by Ord.
No. 415.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See now 65 Pa.C.S.A. § 701 et seq.
[7]
Editor's Note: See 53 P.S. §§ 10401 et seq.
and 10901 et seq., respectively.
[8]
Editor's Note: See 53 P.S. §§ 10401 et seq.
and 10901 et seq., respectively.