For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.Â
Words in the present tense shall include the future tense.
B.Â
"Used" or "occupied" as applied to any land or building include the
words "intended, arranged, or designed to be used or occupied."
C.Â
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.Â
"Sale" shall also include rental.
E.Â
Unless stated otherwise, the singular shall also regulate the plural,
and the masculine shall include the feminine, and vice-versa.
F.Â
The words "such as," "includes," "including," and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
G.Â
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
H.Â
If a term is not defined by this chapter, but is defined in the Borough
Subdivision and Land Development Ordinance (SALDO),[1] then such SALDO definition shall apply. If a term is not
defined by either ordinance, the term shall have its plain and ordinary
meaning, within the context of the provision. A standard reference
dictionary may be consulted by the Zoning Officer.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street, public alley open
to traffic, or a perennial waterway. See definition of "adjacent."
One dwelling unit that is created within part of a principal
dwelling or above a vehicle garage on a residential lot.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An accessory building is any accessory structure that meets the
definition of a "building." A portion of a principal building used
for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude female breasts or engaging in simulated
or actual specified sexual activities to three or more persons, based
upon the total number of patrons in the entire use and not just any
one room, and which is related to monetary compensation paid to the
person or entity operating the use or to persons involved in such
activity.
A use involving the on-site presentation to three or more
persons at one time of moving images distinguished by an emphasis
on depiction of specified sexual activities and that is related to
monetary compensation paid by the persons viewing such matter.
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, video and other electronic
media, periodicals, coin- or token-operated video, paraphernalia or
novelties which are distinguished or characterized by a clear emphasis
on matter depicting, displaying, describing or relating to uncovered
male or female genitals or specified sexual activities. This shall
include but not be limited to materials that would be illegal to sell
to persons under age 18 under state law.
This term shall mean adult store, adult movie theater, adult
live entertainment facility or massage parlor. These terms shall be
distinct types of uses, and shall not be allowed as part of any other
use.
A club or commercial use that allows the entry into the premises
and the consumption of alcohol by multiple members or customers within
the premises after 2:00 a.m. and before 6:00 a.m.
A vehicle thoroughfare serving three or more lots and which
has a right-of-way of less than 20 feet width, and which typically
provides rear or secondary access to the lots.
As applied to a structure, a change to or rearrangement of
the structural parts or exterior appearance of such structure, or
any expansion thereof, whether by extension of any side or by any
increase in height, or the moving of such structure from one location
to another.
A use involving 15 or more token- or coin-operated entertainment
machines, and where the machines are the principal use of the property.
This term shall not include an adult use.
A commercial entertainment use that includes outdoor and/or
indoor rides, as well as food sales and related recreation activities,
but which does not include any adult use.
A place used for the burial of the remains of five or more
noncremated animals, other than customary burial of farm animals as
accessory to a livestock use.
A type of kennel that serves a nonprofit purpose and promotes
the adoption of animals.
A facility that uses high levels of heat in a gasification
process to burn animal manure to generate electricity and soil nutrients.
An exterior device or apparatus designed for cellular, digital,
telephone, radio, pager, commercial mobile radio, wireless internet,
television, microwave or any other wireless communications through
sending and/or receiving of electromagnetic waves, including, without
limitation, omnidirectional or whip antennas and directional or panel
antennas. Unless otherwise stated, this term shall not include "standard
antenna."
The vertical distance from the base of the antenna support
structure at grade to the highest point of the structure, including
any antennas attached thereto or forming a part thereof. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on site,
or for transmitting short-wave or citizens band radio signals. See
"commercial communications antenna."
See "dwelling types."
A landowner or developer, as defined in the Municipalities
Planning Code (MPC),[1] who has filed an application for development, including
his heirs, successors and assigns.
Coordinated and centrally managed rental housing including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as such by the Commonwealth of Pennsylvania.
An upper-level space of a building that does not meet the
standards of a "story."
This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 319-27.
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in § 319-27.
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in § 319-27.
An enclosed level of a building that is not a "story" and
that is partly underground.
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 319-27 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 319-27.
See Article XII.
A residential use in which: a) room(s) that do not meet the
definition of a lawful dwelling unit are rented for habitation; or
b) a dwelling unit includes greater than the permitted maximum number
of unrelated persons. A boardinghouse shall not include a use that
meets the definition of a hotel, dormitory, motel, personal care center,
bed-and-breakfast inn, group home or nursing home. A boardinghouse
may either involve or not involve the providing of meals to residents,
but shall not include a restaurant open to the public unless the use
also meets the requirements for a restaurant. A boardinghouse shall
primarily serve persons residing on site for five or more consecutive
days.
The Borough of Ephrata, Lancaster County, Pennsylvania, a
municipal corporation created pursuant to the laws of the Commonwealth
of Pennsylvania, its elected officials, officers and employees authorized
to enact, amend, administer, and enforce the provisions of this chapter.
8 Pa.C.S.A., Part I, § 101 et seq.
A strip of land that: a) separates one use from another use or feature; and b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 319-63.
Any structure having a roof and walls and that is intended
for the shelter, work area, housing or enclosure of persons, animals,
vehicles, equipment or materials and that has a total area under roof
of greater than 50 cubic feet. "Building" is interpreted as including
"or part thereof." See the separate definition of "structure." Any
structure involving a permanent roof (such as a covered porch or a
carport) that is attached to a principal building shall be considered
to be part of that principal building. A parking structure of two
or more levels shall also be considered to be a building.
The percentage obtained by dividing the total horizontal
area covered by all buildings on a lot by the total lot area of a
lot. For the purposes of this definition, building coverage shall
include all portions of buildings that are under a roof, except for
incidental roof overhangs. Therefore, an unroofed deck or balcony
shall not be regulated as part of building coverage.
The vertical distance from the average of the finished ground level around the perimeter of the building to the maximum height of the highest roof surface. See height exceptions in § 319-21. The finished ground level shall not slope away from a building wall in such a manner that it is not possible to position a ladder for fire rescue.
See "construction permit."
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A line parallel to the street right-of-way that may be established
to require a certain front building setback.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
A club or commercial use that is open to customers past the
hour of midnight and which involves payment of a membership fee or
a cover charge for entry, and which allows customers to bring alcoholic
beverages that they consume on the premises. Such use shall not include
a use that generates a majority of its total receipts from the sale
of food, which shall be considered to be a restaurant. Such use shall
not be open after 2:00 a.m. Such use shall not include an adult use
unless the requirements for an adult use are met.
A place used for the burial of two or more noncremated humans.
A form signed by an authorized Borough official that certifies
that the use of the property is in compliance with Borough ordinances,
to the best knowledge of such Borough official.
The initiation of a use that is in a different use category, as listed on the Use Table, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category on the Use Tables in Articles III and IV, shall not be considered a change of use.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale during November and December of trees that were produced on the
premises.
See "place of worship."
A logging method that removes all trees or the vast majority
of trees from a mostly wooded area.
An area required to be kept free of certain visual obstructions to traffic. See § 319-63.
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennae shall include, but are not limited to, antennae used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to retransmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in § 319-26A. This term shall not include a "standard antenna."
The HCD, NCD and NCD2 Districts.
This term includes but is not limited to: retail sales, offices,
personal services, auto sales, auto repair garages and other uses
of a similar profit-making nonindustrial nature. The sale of goods
or services from a vehicle on a lot shall also be considered to be
a commercial use.
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a treatment center.
An open space area that is used for the cultivation of fruits,
flowers, vegetables, or ornamental plants by more than one household.
A use required to receive conditional use zoning approval
from Borough Council.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned
Community Act of 1996, as amended.[2]
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
A permit that is issued by a Borough Construction or Codes
Official that authorizes the completion of certain work that is authorized
under the Uniform Construction Codes.[3]
Adjacent parcels of land, including parcels separated by
a stream or road.
A type of retail store that includes less than 10,000 square
feet of building floor area and that mainly serves ready-to-eat food
and beverages for primarily off-site consumption, as well as other
common household items. This use may also include a gas station if
the requirements for such use are also met.
A use involving any one or a combination of the following:
A use (other than a prison or a state-licensed hospital) providing
housing for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
A lot upon which resides two or more persons who are required
to register their place of residence with the Pennsylvania State Police
as a requirement of the Pennsylvania Megan's Law II,[4] or its successor law, as amended.
The raising of products of the soil and accessory storage
of these products. This term shall include orchards, tree farms, wineries,
plant nurseries, raising of fish, greenhouses and keeping of animals
in numbers that are routinely accessory and incidental to a principal
crop farming use. See "livestock and poultry, keeping of."
A use providing supervised care and assistance to persons
who need such daily assistance because of their old age or disabilities.
This use shall not include persons who need oversight because of behavior
that is criminal, violent or related to substance abuse. This use
may involve occasional overnight stays, but shall not primarily be
a residential use. The use shall involve typical stays of less than
a total of 60 hours per week per person.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including nursery school or "head start" programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted without
regulation by this chapter: 1) care of children by their own relatives;
2) care of children within a place of worship during regularly scheduled
religious services; and 3) care of one to three children within any
dwelling unit, in addition to children who are relatives of the caregiver.
FAMILY DAY-CARE HOME (OR CHILD DAY CARE AS AN ACCESSORY USE)A type of day-care use that: 1) is accessory to and occurs within a dwelling unit; and 2) provides care for four to six children at one time who are not relatives of the primary caregiver. See § 319-27. When registration is required by state regulations, such use shall provide evidence to the Zoning Officer of having a certificate of registration from the applicable state agency. [NOTE: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Human Services.]
GROUP DAY-CARE HOMEA type of day-care use that: 1) provides care for between seven and 12 children at one time who are not relatives of the primary caregiver; 2) provides care within a dwelling unit; and 3) is registered with the applicable state agency. [NOTE: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Human Services.]
CHILD DAY-CARE CENTERA type of day-care use that: 1) provides care for seven or more children at any one time who are not relatives of the primary caregiver; 2) does not occur within a dwelling unit; 3) does not meet the definition of a "group day-care home"; and 4) is registered with the applicable state agency. [NOTE: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Human Services.] See § 319-27.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection.
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
A building housing full-time students of a boarding school
or an institution of higher education, and which does not meet the
standards for individual dwelling units.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
An improved privately owned vehicle travelway from a street
to provide motor vehicle access to a parking area or building on a
lot.
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory.
This chapter categorizes dwellings into the following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building and that meets the floor area requirements of § 319-61.
APARTMENTS or MULTIFAMILY DWELLINGSThree or more dwelling units within a building that do not meet the definition of a single-family attached dwelling (townhouse), or one or more dwelling units in combination with a principal commercial use within the same building. The individual dwelling units may be leased or sold for condominium ownership.
MODULAR HOMEA type of dwelling that meets a definition of any dwelling type and which was manufactured off site and then assembled and completed on the site, and that was constructed under the state construction codes and not the federal requirements for manufactured housing.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides.
MOBILE/MANUFACTURED HOMEFor a dwelling constructed after 1976, this term shall mean a dwelling that was constructed under the federal construction requirements for manufactured housing under regulations of the U.S. Department of Housing and Urban Development. For a dwelling constructed before the HUD standards were effective, this term shall mean a transportable single-family detached dwelling intended for permanent occupancy that is contained in one unit or two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, and constructed so that it can be used without a permanent perimeter foundation. This term is different from a modular home, which is defined above. See standards for "manufactured/mobile home" in § 319-26.
SINGLE-FAMILY SEMIDETACHEDA one-family dwelling unit accommodating one family that is attached to a second one-family dwelling unit by a common vertical wall, with each dwelling unit on a separate lot or held in condominium ownership.
TOWNHOUSE (or SINGLE-FAMILY ATTACHED DWELLING)One dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 319-26.
TWO-FAMILY DWELLINGA building housing two dwelling units which is detached from any other building and which does not meet the definition of a single-family semi-detached dwelling.
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have: a) its
own toilet, bath or shower, sink, sleeping and cooking facilities;
and b) separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. A dwelling unit shall
not include two or more separate living areas that are completely
separated by interior walls so as to prevent interior access from
one living area to another, unless approved as unit for care of relative.
A building for the housing of fire, emergency medical or
police equipment and for related activities. This use may include
housing for emergency personnel while on call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
Utility or municipal uses that are necessary for the preservation
of the public health and safety and that are routine, customary and
appropriate to the character of the area in which they are to be located.
Essential services shall include the following and closely similar
facilities: sanitary sewage lines, waterlines, electric distribution
lines, stormwater management facilities, cable television lines, natural
gas distribution lines, fire hydrants, streetlights and traffic signals.
Essential services shall not include a central sewage treatment plant,
a solid waste disposal area or facility, commercial communications
towers, a power generating station, septic or sludge disposal, offices,
storage of trucks or equipment or bulk storage of materials.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or four or fewer unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also expressly include numbers of unrelated persons provided by the group home provision of § 319-26 residing within a licensed group home, as defined herein. Through those provisions and the ability to request a reasonable accommodation under § 319-79D(5), it is the Borough's intent is to comply with the federal Fair Housing Act and the Americans With Disabilities Act, as amended.[5]
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, masonry block or similar materials shall be considered a wall. See § 319-27.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
A market, typically outdoors, selling secondhand goods.
[Added 10-9-2023 by Ord. No. 1578]
See definitions of this term and related terms in the Borough
Floodplain Ordinance.[6]
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: a) fully enclosed porches; and b) basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least 6.5 feet. Floor area shall not include unenclosed
structures.
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, and which does not involve any land development.
A building that provides residences for organized incorporated
groups of full-time college students as well as facilities for shared
dining and social activities, and which does not involve separate
dwelling units with their own kitchens and bathrooms.
A place used for lawful gambling activities, including but
not limited to off-track pari-mutual betting and any use of electronic
gambling devices. This term shall not regulate state lottery sales
or lawful small games of chance.
The accessory use of any lot for the occasional sale or auction
of only common household goods and furniture and items of a closely
similar character. See the Borough Garage Sale Ordinance.[7]
Shall have the same meaning as "auto service station."
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 319-43.
A use owned by a government, government agency or government
authority for valid public health, public safety, recycling collection
or similar governmental purpose, and which is not owned by Borough
of Ephrata or an authority created solely by Borough of Ephrata. This
term shall not include uses listed separately in the Table of Allowed
Uses,[8] such as publicly owned recreation. This term shall not
include a prison.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the persons served
due to age, emotional, mental, developmental or physical disability.
This definition shall expressly include facilities for the supervised
care of persons with disabilities subject to protection under the
federal Fair Housing Act as amended. Group homes must be licensed
where required by any appropriate government agencies, and a copy
of any such license must be delivered to the Zoning Officer prior
to the initiation of the use. A group home typically involves an individual
residing on the premises for more than 30 days at a time.
Group homes shall be subject to the same limitations and regulations
by the Borough as the type of dwelling unit they occupy.
It is the express intent of the Borough to comply with all provisions
of the federal Fair Housing Act, as amended, and regulations promulgated
thereunder, in the construction of this term.
A group home shall not include a treatment center.
|
* NOTE: The federal Fair Housing Act Amendments defined "handicap"
as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2) a record
of having such an impairment, or 3) being regarded as having such
an impairment, but such term does not include current, illegal use
of or addiction to a controlled substance as defined in Section 802
of Title 21." This definition was subsequently adjusted by Section
512 of the Americans With Disabilities Act to address certain situations
related to substance abuse treatment.
|
See the definition of "story."
A product or waste, or combination of substances that, because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into groundwater resources
and the subsurface environment which includes the soil and all subsequent
materials located below. Such hazardous material includes materials
which are included on the latest edition of the following list:
"Hazardous substances" as defined pursuant to Section 311 of
the federal Clean Water Act, or its successor provisions.
Hazardous substances included on the list of "extremely hazardous
substances" in 40 CFR Part 355, or its successor provisions, and that
are stored or used in quantities above the threshold reportable limits
in such regulations.
See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article XII entitled "Signs."
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the requirements for a home-based business provided in § 319-27.
GENERAL HOME-BASED BUSINESSA home-based business that does not meet the definition of a no-impact home-based business.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no more than one employee, other than
family members residing in the dwelling. Note: This provision is intended
to be more permissive than the minimum requirement upon municipalities
under state law.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights, except for one home-based business sign allowed by Article XII.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an office. A hospital may involve care
and rehabilitation for medical, dental or mental health, but shall
not primarily include housing or treatment of the criminally insane
or persons actively serving an official sentence after being convicted
of a felony. A hospital may also involve medical research and training
for health care professionals.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
routinely involves the housing of persons for periods of time longer
than 14 consecutive days, or 30 cumulative days within a 180-day time
period, shall be considered a boardinghouse and shall meet the requirements
of that use. See "bed-and-breakfast" use. A hotel or motel may also
include a restaurant, meeting rooms, newsstand, amusement arcade,
gift shop, swim club, exercise facilities, tavern and similar customary
accessory amenities, and provided any such use shall only be allowed
as a principal use of the property if such use is allowed by the applicable
district regulations.
[Amended 10-9-2023 by Ord. No. 1578]
The percentage that results from dividing the land area on
a lot covered by all impervious surfaces by the total land area of
the lot.
For a townhouse development, the maximum impervious coverage
may be measured as a maximum for the entire development after completion,
after the deletion of street rights-of-way (or cartway where a street
right-of-way will not exist), as opposed to regulating each individual
townhouse lot.
Areas covered by buildings, paving, concrete, vehicle parking
areas, or driveways, as well as any other man-made nonvegetated surfaces
that have a similar appearance to pavement or stone. Areas of stone
regularly used for vehicle parking and movement shall be considered
impervious for the purposes of restricting impervious coverage under
this chapter in any case. (Note: A different definition may apply
under the Stormwater Ordinance.[9])
The LIC and GIC Districts.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles stored outside of a completely enclosed building.
Examples of junk include: scrap metal, used furniture, used appliances,
used motor vehicle parts, worn-out machinery and equipment, used containers,
and scrap building materials. Junk shall not include: a) solid waste
temporarily stored in an appropriate container that is routinely awaiting
imminent collection and proper disposal; b) toxic substances; c) yard
waste or tree trunks; d) items clearly awaiting imminent recycling
at an appropriate location; e) building materials awaiting imminent
use at an ongoing building; or f) clean fill as defined by state environmental
regulations.
A motor vehicle that has been declared totaled as a result
of damage, or that has the engine separated from the vehicle, or that
is missing one or more tires, or is missing a door or windshield or
trunk or hood or a bumper, other than vehicles that are actively under
current repair.
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
Junk (see definition) covering more than 1% of the lot area.
Two or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles stored as part of an auto repair garage or auto service station within the requirements of § 319-26.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse.
The keeping of a greater number of dogs and/or cats than
are permitted under the "pets, keeping of" provisions of this chapter,
and which may also include temporary keeping of other household pets.
In addition, on a nonresidential lot, if six or more dogs age six
months or older are kept, it shall be considered a kennel.
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 land.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, poultry or insects beyond the number and type allowed under the "keeping of pets" provisions of § 319-27 and beyond what is customarily incidental to a principal crop farming use. Raising of livestock or poultry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A dwelling unit that is also allowed to be used for certain business purposes by a resident of the dwelling and which meets the standards of § 319-26.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
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The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
Areas within the existing legal rights-of-way of: 1) any proposed
or existing public streets or alleys; or 2) any proposed or existing
commonly maintained private streets that serve more than one lot.
(Note: Other sections of this chapter, such as "Townhouse Development,"
may specifically permit proposed streets to be included in determining
density for a specific use.)
Areas that are currently or will be required to be dedicated
as common or preserved open space on a separate lot. (Note: Other
sections of this chapter, such as for townhouses, may specifically
permit proposed common open spaces to be included in determining density
for a specific use.)
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets.
A lot that does not meet the required minimum lot width at
the minimum front yard building setback line and which typically includes
a narrow stretch of land connecting the bulk of the lot area to a
street. (Note: The requirements of this chapter to meet the lot width
at the minimum front yard setback effectively prohibits most types
of flag lots.)
The property lines bounding the lot. Wherever a property
line borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing or proposed street right-of-way. In the event that a preexisting lot is not adjacent to a street, the front lot line shall be the lot line that is closest to and approximately parallel to the nearest street. For a corner lot, see § 319-63B.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line. Every lot shall have a rear yard.
SIDE LOT LINEAny lot line other than a front or rear lot line.
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Note: The letters in the above graph refer to the letters above
for front lot line, rear lot line and side lot line.
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A lot that is adjacent to two different streets but which
is not a corner lot.
The horizontal distance between the side lot lines measured
at the minimum prescribed front setback line, unless otherwise stated.
In the event of a curved lot line, such lot width at the minimum prescribed
front setback line shall be measured along the curve. Where buildings
are permitted to be attached, the lot width shall be measured from
the center of the party wall. Where a pie-shaped lot fronts upon a
cul-de-sac, the minimum lot width may be reduced to 75% of the width
that would otherwise be required.
A type of adult use that is an establishment that meets all
of the following criteria:
Massages are conducted involving one person using their hands
and/or a mechanical device on another person below the waist, in return
for monetary compensation, and which does not involve persons who
are related to each other.
The use does not involve a person licensed or certified by the
state as a health care professional or a massage therapist certified
by the state or by a recognized professional organization that requires
a minimum of 80 hours of professional training. Massage therapy by
a state-licensed massage therapist shall be considered "personal service."
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor or as
an incidental accessory use to a permitted exercise club or high school
or college athletic program.
The massages are conducted within private or semi-private rooms.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the State Department of Health to dispense
medical marijuana.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the State Department of Health to grow and process
medical marijuana.
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
is limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business.
This use shall not include a target range for outdoor shooting
of firearms, boardinghouse, tavern, restaurant or retail sales unless
that particular use is permitted in that district and the requirements
of that use are met.
See § 319-26. See also "after hours club," which is a distinct use.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
Mineral extraction includes but is not limited to the extraction of
sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale,
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
Unless otherwise stated, shall mean a combination of residential
and commercial uses, or commercial and industrial uses, within the
same lot or building.
See under "dwelling types."
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile/manufactured
home lots for the placement thereon of mobile/manufactured homes.
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate, carry persons or cargo on roads and that is powered by mechanized
means. A motorized scooter or motorized wheelchair used by a person
with disabilities is not considered a motor vehicle.
The Pennsylvania Municipalities Planning Code, as amended.[10]
The conversion of an existing building to result in one or
more new multifamily dwelling units, such as the conversion of a single-family
detached dwelling into a building with three dwelling units.
An institution devoted to the procurement, care, study, and
display of artistic, cultural, scientific, natural or historic objects
of lasting interest or value, and which is open for visits by the
public, and which may have an accessory gift shop, but which is not
primarily operated to serve for-profit purposes.
A use that sells alcoholic beverages and meets all of the
following conditions: a) it offers live or recorded music; b) it offers
opportunities for dancing; c) it is open to customers after 12:00
midnight; and d) it has a capacity for more than 250 customers.
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter, or amendments hereinafter enacted.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 319-65C.
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation. See § 319-65C.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 319-26.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios, and/or television or radio broadcasting studios.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
The Borough of Ephrata Zoning Ordinance, including the Official
Zoning Map, as amended.
A boiler, furnace or similar device that meets all of the
following: a) is an accessory use; b) is located outside of a principal
building; and c) is designed to burn wood, corn, coal or other manufacturer-approved
fuel products for the purposes of heating a building or providing
hot water for heat or domestic use in a building.
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
A land area designed and used for the parking of three or
more motor vehicles.
The Pennsylvania Department of Transportation, or its successor.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of the Zoning Ordinance. A nonconforming use shall not be considered
to be a permitted-by-right use, a special exception use or a conditional
use.
A personal care home should be defined as a facility which
provides twenty-four-hour supervised living arrangements for four
or more unrelated persons 18 years of age and above which does not
provide medical services, hospice services or skilled nursing services,
and is licensed by the commonwealth. See also "assisted living facility."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, travel agency, shoe
repair shops, household appliance repair shops, massage therapy by
a Pennsylvania-licensed professional, and other similar establishments,
but shall not include any adult uses, as herein defined.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 319-27.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship for more than 10 persons at a time and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 319-26.
A receptacle which is designed to meet the following standards:
a) it is intended to hold household goods and similar items; b) it
is intended to be transported to various sites and then kept at each
location for a temporary period of time; c) it is not designed to
hold garbage, scrap metal or recyclables; d) it is not self-propelled;
and e) it involves a storage capacity of 100 cubic feet or greater.
A principal structure which is also a building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
A correctional institution within which persons are required
to inhabit by criminal court actions or as the result of a criminal
arrest or as a result of persons being found by a court to be delinquent
and in need of confinement.
A meeting held by Borough Council or the Zoning Hearing Board
to meet requirements of the MPC.[11]
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public. "Publicly owned recreation"
is a distinct use from "indoor recreation" or "outdoor recreation."
Notice required by the MPC.[12] (Note: As of the enactment date of this chapter, such
definition was: "Notice published once each week for two successive
weeks in a newspaper of general circulation in the municipality. 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.")
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests.
INDOOR RECREATIONA type of recreation use that: a) does not meet the definition of "outdoor recreation"; and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use, and similar uses. This term shall not include any use listed separately as a distinct use by Article IV.
OUTDOOR RECREATIONA type of recreation use that: a) has a total building coverage of less than 15%; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by Article IV, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling,
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted-by-right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted-by-right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use, or an emergency services station.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, or parent-in-law. This term specifically shall not
include relationships such as second, third, or more distant cousins.
See definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
A use or structure that is clearly accessory, customary and
incidental to a principal residential use on a lot, including the
following uses and uses that are very similar in nature: garage (household),
carport, tennis court, garage sale, basketball backboard, household
swimming pool, gazebo, storage shed, greenhouse, children's playhouse
or children's play equipment. No business shall be conducted in a
household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home-based business.
The RLD, RMD and RHD Zoning Districts.
The lot line of a lot that: 1) contains an existing primarily
residential use on a lot of less than one acre; or b) is undeveloped
and zoned as a residential district.
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
This use shall not include a tavern or a nightclub unless the
requirements for such uses are also met. A restaurant may include
the accessory sale of alcoholic beverages, but shall not include a
use that allows the sale or consumption of alcohol between 2:00 a.m.
and 6:00 a.m. Stricter hour limits may apply in some zoning districts.
See "drive-through service" in this section.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store,
or any restaurant.
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently own or hold another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
See "boardinghouse."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools.
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 319-63.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The line within a property defining the required minimum
distance between any structure and the right-of-way or property line.
Sanitary sewage service to a building that does not meet
the definition of "public sewage service," such as but not limited
to, an individual on-lot septic system.
Central sanitary sewage service involving collection from
multiple lots for conveyance to treatment by a system owned and/or
operated by a municipality or a municipal authority.
A lot that includes five or more retail sales and/or personal
service establishments, and which may also include offices and restaurants.
The use of a dwelling in which the owner rents any area of
the dwelling to one or more individuals for compensation or a fee
of any type (whether or not involving overnight accommodations or
separate sleeping quarters) for less than 30 consecutive days. This
definition applies to all types of residential dwellings and their
accessory structures, including, but not limited to, single-family
detached residential, two-family residential, and multifamily residential.
[Added 10-9-2023 by Ord. No. 1578]
Any physical device for visual communication that is used
for the purpose of attracting attention from the public and that is
visible from beyond an exterior lot line, including all symbols, words,
models, displays, banners, flags, devices or representations. This
shall not include displays that only involve symbols that are clearly
and entirely religious in nature, and which do not include advertising.
The following definitions apply in regards to signs:
BUILDING FACEThe vertical area of a particular side of a building, but not including the area of any slanted roof.
SIGN, EXTERNALLY ILLUMINATEDA sign that only has lights shining onto the sign from the outside of the sign.
SIGN, FREESTANDING SIGNA sign which is self-supporting upon the ground or which is primarily supported by poles attached to the ground and not primarily supported by a building.
SIGN HEIGHTThe vertical distance measured from the average ground level surrounding a sign to the highest point of the sign and its supporting structure. Religious symbols, when not accompanied by lettering, shall not be restricted by the sign heights of this chapter when attached to a tower or spire of a place of worship.
SIGN, INTERNALLY ILLUMINATEDA sign with a face of translucent material with artificial lighting located behind the sign face.
SIGN, OFF-PREMISESA sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.
SIGN, PROJECTINGA sign that is attached to a building wall and extends from that wall by more than 18 inches.
SIGN, TEMPORARYA sign that meets the requirements of Article XII and that is intended to be kept in view of the public for less than 60 total days in any 365-day period, unless a more restrictive time period is provided for that type of sign in Article XII.
WALL SIGNA sign primarily supported by or painted on a wall of a building. A wall sign may also be displayed upon an awning or canopy, provided other requirements of this chapter are met.
WINDOW SIGNA sign which is readily visible and can be at least partially read from an exterior lot line and which is attached to a window or transparent door or that can be read through a window or transparent door.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
This is a residential use that does not include individual dwelling units and is designed to house persons with disabilities under federal regulations, but that includes a larger number of residents than is allowed in a group home. This use shall meet the requirements for on-site supervision as provided in § 319-26.
This term shall include one or more of the following activities:
Mechanisms used to capture the energy of the sun for use
for electricity, hot water or similar purposes.
An area where municipal solid waste and similar materials
is deposited on land, compacted, covered with soil and then compacted
again, and which has a permit from DEP to operate as a sanitary landfill.
An area where municipal solid waste and similar materials
are incinerated or otherwise processed to result in usable energy
for off-site use.
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill, or septage or sludge application.
One or more of the following:
The Commonwealth of Pennsylvania and its agencies.
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of six feet eight
inches or greater shall be considered a full story, except as follows:
If the floor of a basement level is more than six feet below the finished
grade level for more than 50% of the total building perimeter, it
shall not be regulated as a story. Any level of a building having
an average vertical clearance from floor to ceiling of less than six
feet eight inches shall be considered a half-story.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, viaduct and any other ways used or intended to be used
by vehicular traffic and pedestrians, whether public or private. The
term "street" does not include an alley or a driveway. The terms "street"
and "road" have the same meaning.
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
For the purposes of this chapter, utility poles, stormwater basins,
water supply wells, U.S. mailboxes, paving, and on-lot septic systems
shall not be considered structures, and shall not be subject to minimum
zoning setback requirements, unless stated otherwise.
The definition in the Borough Subdivision and Land Development
Ordinance[14] shall apply.
The Borough of Ephrata Subdivision and Land Development Ordinance,
as amended.[15]
A man-made area with walls of man-made materials with a capacity to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 319-27.
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool."
A commercial use that applies permanent words or designs
using ink onto human skin.
A use that primarily sells alcoholic beverages, as opposed
to primarily selling food, and which is regularly open to the public
after 12:00 midnight, and which does not allow customers to enter
the premises after 2:00 a.m. or to occupy the premises after 2:30
a.m. This use shall not include a nightclub unless the requirements
for a nightclub are also met.
The use of a building to house persons who would otherwise
be homeless or who are seeking a refuge from domestic abuse. This
use shall not include a criminal halfway house unless the requirements
for such use are also met.
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The outdoor storage of more than five used motor vehicle tires on a residential lot or more than 20 used tires on a vacant or nonresidential lot, except that a lawful tire retail store may include the temporary storage of used tires while they are actively offered for sale or while they are awaiting regularly scheduled pickup, without being regulated by this term. See "outdoor storage" in § 319-27.
See "dwelling types."
A facility that: a) is primarily intended for education of
a work-related skill or craft or a hobby; and b) does not primarily
provide state-required education to persons under age 16. Examples
include a dancing school, martial arts school, cosmetology school,
or ceramics school.
A person involved with building trades, such as but not limited
to: plumbing, electrical work, building construction, building remodeling,
and roofing.
A use (other than a prison or a hospital) involving one or more
of the following:
A use (other than a prison or a hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of current addiction to a controlled
substance that was used in an illegal manner or alcohol.
A methadone treatment facility, which shall be defined as an
outpatient facility licensed by the Pennsylvania Department of Health
to use the drug methadone or similar substances in the treatment,
maintenance or detoxification of persons with opioid drug addictions.
A dwelling unit that: a) is especially created for and limited to occupancy by a close relative of the permanent residents of the principal dwelling unit; b) is necessary to provide needed care and supervision to such relative; and c) meets the requirements for such use in Article VI.
See any regulations that may exist in any Borough Property Maintenance Code or Chapter 111 of the Ephrata Borough Code. Also see the definition for "junk vehicle."
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage, or parking of commercial
vehicles on a lot.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer, and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
A channel or conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial or intermittent
flow.
Water supply service to a building that does not meet the
definition of "central water service," such as but not limited to,
an individual on-lot well.
Central water service by a system owned and/or operated by
a municipality or a municipal authority.
An area of land and/or water meeting one or more definitions
of a wetland under federal and/or Pennsylvania law and/or regulations.
An area unobstructed from the ground to the sky between a
structure and a property line and that is on the same lot as the subject
structure or use. Each required yard shall be measured inward from
the abutting lot line or existing street right-of-way (as exists after
completion of any subdivision or land development). Regulations of
each district prohibit principal and accessory structures within the
specified minimum yards.
A "yard" measured from the closest front wall of a principal
structure to the street right-of-way line (as exists after the completion
of any subdivision or land development). In the event that the front
lot line is not a street right-of-way line, the front yard shall be
measured from such front lot line. Such yard shall extend the full
width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces towards a public
street, whenever one public street abuts the lot. If a lot abuts two
streets, the front yard shall be whichever side is the predominant
front yard for neighboring properties. If no side is predominant,
then the applicant may choose which is the front yard.
See § 319-63 concerning yards along corner lots.
No accessory or principal structure shall extend into the required
front yard, except as provided in this chapter.
Every lot shall include at least one front lot line.
A "yard" which is the space extending the full width of the
lot and which is measured from along the rear line and which is located
between a subject structure and the rear lot line, and which stretches
between the side lot lines parallel to the rear lot line.
A principal building shall not extend into the required rear
yard for a principal building, and an accessory structure shall not
extend into the required rear yard for an accessory structure, except
as provided in this chapter.
Every lot shall include a rear lot line and a rear yard.
Shall have the same meaning as "garage sale," which is defined
in this section.
A "yard" which is the space between a subject structure and
each side lot line, and which is measured from along the entire length
of the side lot line, and which extends from the front setback line
to the rear lot line.
A structure shall not extend into the applicable minimum side
yard, except as provided for in this chapter.
See "corner lot" provision in § 319-63B.
A triangular lot shall include one side yard. All other lots
shall include at least two side yards, except for a corner lot.
The Official Zoning Map of the Borough of Ephrata, Pennsylvania.[17]
The person charged with the duty of enforcing the provisions
of the Zoning Ordinance, and any officially designated assistant.
The Borough of Ephrata Zoning Ordinance, as amended.
A permit issued by the Zoning Officer that allows a use,
activity or improvement that is authorized under this chapter. At
the option of the Borough, a portion of a construction permit may
be allowed to serve as a zoning permit.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and 68
Pa.C.S.A. § 5101 et seq., respectively.
[4]
Editor's Note: See 42 Pa.C.S.A. § 9799.10 et seq.
[5]
Editor's Note: See 42 U.S.C. § 3601 et seq. and
42 U.S.C. § 12101 et seq., respectively.
[8]
Editor's Note: Said table is included as an attachment to this chapter.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: See 53 P.S. § 10101 et seq.
[13]
Editor's Note: See 53 P.S. § 10101 et seq.
[16]
Editor's Note: See 53 P.S. § 10101 et seq.
[17]
Editor's Note: The Zoning Map is on file in the Borough offices.
