Borough of Quarryville, PA General Provisions

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.

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:

To lessen congestion in the streets;

(b)

To secure safety from fire and other dangers;

(c)

To provide adequate light and air;

(d)

To prevent the overcrowding of the land and avoid undue concentration of the population;

(e)

To facilitate adequate provisions for transportation, water, sewerage, schools, parks, and other public improvements; and

(f)

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.

§ 420-102 Establishment of controls.

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.

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.

Types of control. The following minimum and uniform regulations shall apply in the respective districts:

Use regulations, including uses by right, and accessory uses and uses by special permit.

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.

Off-street parking regulations, including minimum required parking spaces.

Off-street loading regulations, including minimum required parking berths for specified uses.

(5)

Sign regulations, including their sizes, lighting and location.

(6)

Special regulations dealing with open space, landscaping, access and traffic control.

(7)

Special use regulations deemed necessary to implement the purpose of the chapter and the Borough of Quarryville Comprehensive Plan.

§ 420-103 Establishment of districts.

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

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.

§ 420-104 Zoning Map.

Adoption of Zoning Map.

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.

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.

District boundary lines.

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.

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.

§ 420-105 Severability; repealer.

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.

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.

§ 420-106 Word usage; definitions.

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.

Words in the present tense shall include the future.

The singular includes the plural.

The word "person" includes an individual, firm, partnership, corporation, company, association, or governmental entity, including a trustee, an assignee, or similar representative.

The term "shall" is mandatory.

(5)

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)

The word "Council" and the words "Borough Council" always refer to the Quarryville Borough Council.

(7)

The word "Commission" and the words "Planning Commission" always refer to the Quarryville Borough Planning Commission.

(8)

The word "Board" or the words "Zoning Hearing Board" always refer to the Quarryville Borough Zoning Hearing Board.

(9)

The words "Zoning Officer" always refer to the Quarryville Borough Zoning Officer.

(10)

"Chapter" and "ordinance" always refer to the Quarryville Borough Zoning Ordinance.

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT

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.

ACCESSORY BUILDING

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.

ACCESSORY USE

A use customarily incidental and subordinate to and located on the same lot occupied by the principal use to which it relates.

ADULT-ORIENTED BUSINESS

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:

[1]

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;

[2]

Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities; and/or

[3]

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.

(b)

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.

ANTENNA SUPPORT STRUCTURE

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.

AGRICULTURE, EXTENSIVE

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.

AGRICULTURE, INTENSIVE

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.

ALTERATION

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.

ANIMAL SHELTER

A portion of a rear yard area which contains a structure, not including a stable, to house animals or fowl for noncommercial purposes.

ANTENNA

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.

ANTENNA SUPPORT STRUCTURE HEIGHT

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.

APARTMENT BUILDING

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.

APARTMENT, UPPER-LEVEL

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.

APPLICANT

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.

APPLICATION FOR DEVELOPMENT

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.

AUTOMOBILE REPAIR/SERVICE STATION

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.

AUTOMOTIVE ACCESSORIES

The sale of "automotive accessories," parts, tires, batteries and other supplies. Installation and storage of parts shall be in an enclosed structure.

AUTOMOTIVE SALES AND SERVICE

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.

BASEMENT

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.

BED-AND-BREAKFAST INN

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.

BOARDER, LODGER, or ROOMER

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.

BOARDING OR ROOMING HOUSE

A dwelling used for the housing of roomers, boarders or lodgers, with or without common eating facilities.

BUILDING

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.

BUILDING AREA

The area of a site which is under any part of a building.

BUILDING COVERAGE

The portion of the lot area covered by buildings, often expressed as a percentage.

BUILDING HEIGHT

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.

BUILDING LENGTH

The horizontal measurement of any continuous building wall.

BUILDING SETBACK LINE

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.

BUILDING SPACING

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.

BULK

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.

CAR-WASHING FACILITY

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.

CARTWAY

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.

CEMETERY

A burial place or graveyard, including mausoleum, crematory, columbarium, or chapel.

CHANGE OF USE

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.

COMMERCIAL RECREATION

A privately owned, indoor recreation center which may include such recreational uses such as basketball courts, batting cages, multipurpose room(s) and the like.

COMMON OPEN SPACE

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.

COMMUNITY CENTER

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.

COMMUNITY PARK

A tract of land designated and used by the public primarily for either active and/or passive recreation.

CONDITIONAL USE

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]

CONSTRUCTION SITE

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.

CONTINUING-CARE RETIREMENT COMMUNITY

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, SKILLED

Crafts and trades such as plumbing, carpentry, upholstery, cabinet-making, furniture-making, planning mill and similar activities.

DAY-CARE CENTER/NURSERY SCHOOL

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.

DECK

Wood or concrete structure installed above grade and without walls or roof as an extension or addition to a dwelling unit.

DENSITY

A measure of the number of dwelling units per acre of land area. It shall be expressed in dwelling units per acre.

DEVELOPER

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.

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]

DRIVEWAY

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.

DWELLING UNIT

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.

DWELLING, MANUFACTURED HOME

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.

DWELLING, MANUFACTURED HOME

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]]

DWELLING, MULTIFAMILY

A building designed for and occupied exclusively as a residence for two or more households living independently of each other.

DWELLING, MULTIFAMILY, CONDOMINIUM

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.

DWELLING, QUADRAPLEX

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.

DWELLING, SINGLE-FAMILY ATTACHED

A dwelling with party walls separating two or more single-family dwelling units including triplex, quadraplex, multiplex and townhouse buildings.

DWELLING, SINGLE-FAMILY DETACHED

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]

DWELLING, SINGLE-FAMILY SEMI-DETACHED (TWIN HOUSE)

A single-family dwelling separated by one common party wall from ground to roof with no communicating openings.

DWELLING, TWO-FAMILY DETACHED (DUPLEX)

A building designed for and occupied as a residence, containing two dwelling units and having no common or party wall with any adjacent dwelling.

Dwelling Unit Types

EASEMENT

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.

ECHO HOUSING

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]

EMERGENCY SERVICES

Fire, ambulance, rescue or other emergency services of a municipal or volunteer nature.

EMPLOYEE

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.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania.

FAMILY

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]

FAMILY DAY CARE

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.

FEED LOT

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.

FEEDER STREET

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.

FINANCIAL ESTABLISHMENT

A bank, savings-and-loan association, credit union, or other financial establishment.[4]

FLOODPLAIN

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]

FLOOR AREA

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.

FLOOR AREA RATIO

The floor area of all buildings or structures on a lot, divided by the net lot area.

FORESTRY

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.

FUNERAL HOME OR MORTUARY

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.

GARAGE, PRIVATE

A storage building for vehicles which is accessory to a principal building whether attached or separate, and used only for storage purposes.

GREENHOUSE, COMMERCIAL

An enclosed structure used for the growing, raising, keeping, and/or selling of flowers or other plants.

GROUP HOME

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]

HOME OCCUPATION

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."

HOME OCCUPATION, NO-IMPACT HOME BASED

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.

(5)

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.

(6)

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.

(7)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)

The business may not involve any illegal activity.

HOTEL/MOTEL

A building or group of buildings used for the accommodation of transient guests, chiefly motorists, and containing guest rooms for rent.

IMPERVIOUS SURFACE

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.

IMPERVIOUS SURFACE RATIO

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.

IMPROVEMENTS

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.

INSTITUTIONAL USE

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.

JUNKYARD

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.

KENNEL

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.

LAND DEVELOPMENT

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.

MUNICIPALITIES PLANNING CODE (MPC)

A subdivision of land.

LANDOWNER

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.

LIBRARY

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.

LOT

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.

LOT AREA

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.

LOT DEPTH

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.

LOT LINE

Any boundary line of a lot.

LOT LINE, REAR

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.

LOT LINE, SIDE

Any lot line which is not a street line or a rear lot line.

LOT WIDTH

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.

LOT WIDTH, STREET LINE

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.

LOT, CORNER

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°.

LOT, INTERIOR

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.

MANUFACTURED HOME LOT

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]

MANUFACTURED HOME PAD

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]

MANUFACTURED HOME PARK

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]

MANUFACTURING, HEAVY

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.

MANUFACTURING, LIGHT

Any industrial type that does not meet the criteria of heavy industry above.

MEDICAL OFFICE

An office or clinic for medical or dental examination or treatment of persons as outpatients, including laboratories incidental thereto, and optometrists.

MUNICIPAL USE

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]

NONCONFORMING LOT

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.

NONCONFORMING STRUCTURE

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.

NONCONFORMING USE

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.

OFFICE

A business, professional, or governmental office other than medical or veterinary offices.

OPEN SPACE

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.

OPEN SPACE RATIO

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.

PARKING LOT

An off-street improved area with individual designated parking spaces and having individual access for the purpose of parking motor vehicles.

PATIO

A concrete or masonry pad directly on grade and without walls or roof, as an extension or addition to a dwelling unit.

PERMIT

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.

PLACE OF WORSHIP

Any structure or structures used for worship of religious instruction, including social and administrative rooms which may be accessory thereto.

PORCH

An extension of a dwelling unit with a roof supported by posts but without permanent walls.

PRINCIPAL USE

The main use on a lot.

PRIVATE CLUB

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.

PUBLIC GROUNDS

Includes:

Parks, playgrounds, trails, paths, and other recreational areas;

Sites for schools, sewage treatment plant, refuse disposal and other publicly owned or operated facilities; and

RECREATIONAL FACILITY, PRIVATE

Publicly owned or operated scenic or historic sites.

PUBLIC HEARING

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.

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[6]

PUBLIC NOTICE

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.

PUBLIC SEWAGE FACILITIES

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.

PUBLIC WATER FACILITIES

Any system, regardless of ownership, which supplies water to more than one development unit as approved by the appropriate county or state agency.

RECREATIONAL FACILITY

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.

RECREATIONAL FACILITY, PUBLIC

REPAIR SHOP

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.

RESIDENTIAL CONVERSION

The conversion of an existing residential structure into two or more dwellings units.

RESTAURANT

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.

RESTAURANT, DRIVE-THROUGH

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.

RETAIL STORE

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.

REVERSE-FRONTAGE LOT

A lot extending between and having frontage on two generally parallel streets, with vehicular access only from one street.

RIGHT-OF-WAY

Land set aside for use as a street, alley, other means of travel, or essential services or utilities.

RIGHT-OF-WAY, EXISTING

The legal right-of-way as established by the commonwealth, the Borough or other appropriate authority and currently in existence.

RIGHT-OF-WAY, FUTURE

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."

SCHOOL

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.

SERVICE 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.

SHOPPING CENTER

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.

SHORT-TERM RECREATION

A recreational activity conducted in an open area which involves the rental of facilities or accommodations for a short period of time.

SITE

A parcel or contiguous parcels of land to be developed pursuant to a land development plan and/or subdivided pursuant to a subdivision plan.

SITE AREA

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.

SITE AREA, BASE

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: