A.
The language and words set forth in this Article II of this chapter are defined in order to facilitate the interpretation of the chapter for administrative purposes and in the carrying out of duties by appropriate officers. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meaning indicated herein:
(1)
Words used in the present tense include the future tense.
(2)
The singular includes the plural and vice versa.
(3)
The words "should" and "may" are permissive; the words "shall" and
"will" are mandatory.
(4)
The word "person," "applicant," "subdivider," "developer" and "landowner"
includes an individual, a corporation, a partnership, an incorporated
association, or any other similar entity.
(5)
The masculine gender includes the feminine and neuter. The feminine
gender includes the neuter and masculine. The neuter gender includes
both feminine and masculine.
(6)
The word "building" includes structure and shall be construed as
if followed by the phrase "or part thereof."
(7)
The word "used" or "occupied" as applied to any land or structure
shall be construed to include the phrase, "intended, arranged, or
designed to be used or occupied."
(8)
The word "erected" shall be inclusive of the words "constructed,
altered, or moved."
(9)
Except as provided in Subsection A(11) below, for those words used in this chapter but not defined herein, the definitions found in the Pennsylvania Municipalities Planning Code (MPC)[1] or various chapters of the Code of the Borough of Lemoyne
specifically including, but not limited to the following, shall apply:
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(10)
For those words used in this chapter but also which are defined
in various chapters of the Code of the Borough of Lemoyne, wherever
and whenever the terms and associated definitions are not consistent,
the terms and associated definitions used in this chapter shall govern
the regulations and standards in this chapter.
(11)
For those words used in this chapter but not defined herein
or any of the definitions found in various chapters of the Code of
the Borough of Lemoyne, the definition of the term found in the most
recent edition of Webster's Unabridged Dictionary shall apply.
(12)
Except for references to and related abbreviations for specific
zoning districts, and as otherwise noted in this chapter, for those
notations, numerals, words, and phrases included parenthetically subsequent
to specific text and regulations used in this chapter, the information
included parenthetically shall be considered guidance and explanatory,
and the specific text and regulations listed prior to the parenthetical
reference used in this chapter shall govern.
B.
Illustrations and tables. In instances of any differences of meanings
or implications between the text of this chapter and any caption,
illustration or table, the text shall control. No caption, illustration,
or table shall be construed to limit the scope or intent of the text
of this chapter.
[Amended 2-6-2014 by Ord.
No. 720; 2-5-2015 by Ord. No. 730]
For the purposes of this chapter, the following terms shall
have the following meanings:
The relinquishment of property, or a cessation of the use
of the property, by the owner without the intention of transferring
rights to the property to another owner, or of resuming the use of
the property.
Areas of contiguous lots that share a common property line
or lot line, or are separated by a common border, including easements,
but excluding lots entirely separated by a public right-of-way for
a street or minor access street.
The traveled way by which automobiles and other similar motor
vehicles enter and depart parking spaces.
A public or private drive, other than a driveway, providing
vehicular access to and between parking areas for more than two parking
spaces within a land development; or any drive servicing three or
more units of occupancy on a single lot.
An alternative energy system that supplies energy primarily
for on-site use, except that when a property upon which the system
is installed also receives electrical power supplied by a utility
company, excess electrical power generated and not presently needed
for on-site use may be used by the utility company. This definition
shall not in any way limit or preclude those accessory alternative
energy systems conducted pursuant to and part of power purchase agreements.
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 7-18-2019 by Ord. No. 759]
The use of land, structure, or building for a specific purpose.
The act of converting structures to a new use other than
that for which it was originally designed and used, in a sympathetic,
compatible, and context sensitive manner.
Equivalent to § 202 of the most recent version of the IBC as part of the most recent version of Chapter 200 relating to code enforcement. (An extension or increase in floor area or height of a building or structure.)
Two or more abutting lots or two or more lots separated only
by a public street right-of-way or another lot.
The perception of artistic elements, or elements in the natural
or man-made environment which are pleasing to the eye.
Equivalent § 107 of the most recent version of
the MPC.[1] (An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquicultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.)
Unless specifically defined elsewhere in this Article II of this chapter, the following words and phrases when used in Article VI of this chapter relating to the Airport Overlay Zoning District (APO) shall have the meaning given to them in this section:
AIRPORT(S) [Capital City Airport (CXY) and Harrisburg International Airport (MDT)]Any area of land or water which is used or intended to be used for the landing and takeoff of aircraft and any appurtenant areas which are used, or intended to be used, for airport buildings or air navigation facilities for rights-of-way, together with all airport buildings and facilities thereon.
AIRPORT ELEVATIONThe highest point of an airport's usable land area measured in feet above sea level. The airport elevation for Capital City Airport is 347 feet and the airport elevation for Harrisburg International Airport is 310 feet.
AIRPORT HAZARDAny structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.
AIRPORT HAZARD AREAAny area of land or water upon which an airport hazard might be established if not prevented as provided for in Article VI of this chapter relating to Airport Overlay Zoning District (APO) and Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).[2]
APPROACH SURFACE ZONEAn imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone is derived from the approach surface.
CONICAL SURFACE ZONEAn imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically (or 20:1) for a horizontal distance of 4,000 feet. The conical surface zone is based on the conical surface.
FAAFederal Aviation Administration of the United States Department of Transportation.
HORIZONTAL SURFACE ZONEAn imaginary plane 150 feet above the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone is derived from the horizontal surface.
LARGER-THAN-UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller driven aircraft of greater than 12,500 pounds maximum gross weight, and jet-powered aircraft.
NON-PRECISION-INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision-instrument approach procedure has been approved or planned.
OBSTRUCTIONAny structure, growth, or other object, including a mobile object, which exceeds a limiting height set forth by Article VI of this chapter relating to Airport Overlay Zoning District (APO).
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACE ZONEAn imaginary surface longitudinally centered on the runway, extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone is derived from the primary surface.
RUNWAYA defined area of an airport prepared for landing and takeoff of aircraft along its length.
TRANSITIONAL SURFACE ZONEAn imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone is derived from the transitional surface.
TREEAny vegetative object of natural growth.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight or less.
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Any construction or renovation to an existing structure other than repair or addition.) Also includes any change, addition, or modification in construction, occupancy, or use.
Any one or more method and facility used in the conversion,
storage, and distribution, including electrical infrastructure, transmission
lines, and other appurtenant structures and facilities of renewable
energy sources, including, but not limited to, sunlight, wind, rain,
tides, and geothermal heat.
Revisions to the zoning text and/or the Zoning Map to depict
a change in use, standards and criteria, or zoning district location(s).
An establishment offering veterinary services to all types
of animals, which also includes outdoor or overnight keeping or boarding
of animals.
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 7-18-2019 by Ord. No. 759; amended 8-18-2022 by Ord. No. 774]
A device, partially or wholly exterior to a structure or
building, that is used for receiving electronic signals (other than
a satellite dish antenna which is treated separately) or for transmitting
shortwave or citizens' band radio frequencies. This shall include
antennas used by an amateur ham radio operator or by a contracting
business or utility to communicate with its employees, but shall not
include a commercial communications antenna. This term includes any
accessory supporting structures.[3]
An individual independent dwelling unit within a residential
building.
The creation of multifamily dwelling units or apartments
by converting an existing single-family dwelling without substantially
altering the exterior of the building.
Equivalent § 107 of the most recent version of
the MPC.[4] (A landowner or developer, as hereinafter defined, who
has filed an application for development including his heirs, successors
and assigns.)
Equivalent § 107 of the most recent version of
the MPC.[5] (Every application, whether preliminary, tentative or
final, required to be filed and approved prior to start of construction
or development including, but not limited to, an application for a
building permit, for the approval of a subdivision plat or plan or
for the approval of a development plan.)
The visible, functional, or ornamental objects accessory
to, and part of buildings.
A continuous passageway parallel to and open to a street,
open space, or building, usually covered by a canopy or permanent
roofing, and accessible and open to the public.
An establishment primarily engaged in the display and retail
sales of original and limited edition art works, but also may include
on-site production of art works.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A building or part thereof housing persons, on a twenty-four-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment which provides personal care services. The occupants are capable of responding to an emergency situation without physical assistance from staff. This classification shall include, but not be limited to, the following: residential board and care facilities, assisted-living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug abuse center and convalescent facilities.) For purposes of this chapter, assisted-living facilities shall not include halfway houses, group homes, social rehabilitation facilities, and alcohol and drug abuse centers. Assisted-living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.
An establishment that contains automated devices performing
banking or financial functions which are operated by the consumer
or patron primarily for those who remain in their automobile, but
may also be operated by those customers walking up to the device.
An establishment used for the storage, collection, baling,
packing, sorting, handling, disassembling, recycling, resource recovery,
purchase or sale of any material which has been used, salvaged, scrapped
or reclaimed, but is capable of being reused in some form including,
but not limited to, metals, fiber, paper, cloth and rags, rubber,
rope, bottles, machinery, tools, appliances, fixtures, utensils, lumber,
boxes, crates, pipe and pipe fittings, tires, two or more motor vehicles
which are inoperable and do not have a current and valid inspection
sticker as required by the Commonwealth of Pennsylvania, and motor
vehicle parts, but not including garbage or other organic wastes.
No material which fails to meet this definition because it is discarded
and incapable of being reused in some form shall be placed in any
establishment as herein defined. In no zoning district shall this
use be considered to be accessory or incidental to another use.
An establishment involving the indoor and/or outdoor display,
sale, or rental of new and used motor vehicles including cars, motorcycles,
trailers, boats, heavy equipment and construction vehicles, mobile/manufactured
homes, recreational vehicles and motor homes, trucks, other similar
motor vehicles, and mobile/manufactured homes, and which may include
washing and polishing of vehicles, major and minor mechanical repairs
and body work, straightening of body parts, painting, welding, or
rebuilding of transmissions, state inspections, oil changes and lubrications,
and tune-ups conducted within a completely enclosed building or structure.
Additionally, this use includes the dispensing or sale of gas/fuel
for motor vehicles; the sale and installation of lubricants, tires,
batteries, and similar vehicle accessories.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (An architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight frame structure over which is covering is attached.)
An establishment in which money is kept for savings or commercial
purposes, investment purposes, supplied for loans, or exchanged, and
that includes routine interactions with customers and/or patrons.
A bank may also provide financial counseling, planning, and services
related to money management, and includes those establishments considered
savings and loans and credit unions.
See "tavern/bar."
An owner-occupied or manager-occupied establishment within
a single-family detached dwelling and/or the associated accessory
structure, providing temporary, overnight lodging accommodations in
sleeping rooms/units for transient guests and related meal service
for compensation. Bed-and-breakfast may also host accommodations for
private events (e.g., weddings and conferences). Temporary, overnight
lodging occurs within individual sleeping rooms/units which do not
contain cooking facilities.
An establishment engaged in the sale and delivery of beer
and ale, and similar alcoholic beverages (e.g., malt liquor and wine
coolers) in wholesale quantities to retail sellers, as well as retail
sales to the public.
A mound of soil, either natural or man-made, used to obstruct
views and attenuate sound, among other purposes.
Equivalent most recent version of Chapter 460 relating to stormwater management. (Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "structural" or "nonstructural." In this chapter, nonstructural BMPs or measures refer to operational and/or behavior-related practices that attempt to minimize the contact of pollutants with stormwater runoff, whereas structural BMPs or measures are those that consist of a physical device or practice that is installed to capture and treat stormwater runoff. Structural BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale retention ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. Structural stormwater BMPs are permanent appurtenances to the project site.)
Land surrounded on all sides by streets, measured at the
right-of-way or other transportation or utility rights-of-way, or
by physical barriers (e.g., bodies of water or public open spaces).
The edge of a block of lots sharing lot frontage on a street
in common, and that is located between two intersecting streets.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.) A boardinghouse shall not include a use that meets the definition of a treatment center, hotel, motel, personal care home, bed-and-breakfast, group home, group care facility, long-term care facility, and/or similar type group living use. A boardinghouse may involve the provision of meals to residents, but shall not include a restaurant open to the public.
A constructed or altered segment of the riverbank or shore
used for the purpose of enabling a recreational boat to be placed
into the water from a trailer or other apparatus used to transport
or store the boat.
The Lemoyne Borough Council also may be referenced as the
"Borough Council." (See "governing body.")
A qualified, professional engineer licensed and registered
to practice in the Commonwealth of Pennsylvania, designated by Lemoyne
Borough Council to furnish professional and technical assistance for
the administration of this chapter.
The licensed attorney licensed to practice in the Commonwealth
of Pennsylvania, designated by the Lemoyne Borough Council to furnish
professional legal assistance for the administration of this chapter.
An open area of land that is located between two uses, and
intended to mitigate negative impacts (e.g., visual, noise, airborne,
etc.) of the more intense/dense use and/or zoning district on the
less intense/dense use and/or zoning district.
An open area of land that is located between two uses, that
is intended to mitigate negative impacts (e.g., visual, noise, airborne,
etc.) of the more intense/dense use and/or zoning district on the
less intense/dense use and/or zoning district, whose dimensions normally
exceed, but may include where specified, the required building setback
or yard requirements, and which is generally planted and may include
required screening, and within which no building or structure shall
be permitted except those used as part of required screening as otherwise
provided for in this chapter.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Any structure used or intended for supporting or sheltering, any use or occupancy.)
The administrative officer certified by the PA Department of Labor and Industry to manage, supervise, administer code enforcement activities, and issue building permits under the authority of the PA Uniform Construction Code pursuant to Chapter 200 relating to code enforcement, who is appointed by the Lemoyne Borough Council.
The front exterior face, elevation, or wall of a principal
building that is often facing the street rights-of-way, excluding
minor access streets.
The sum total of the ground area of a site occupied by any
building measured from the exterior face of exterior walls; this includes
courts and decks or porches when covered by a roof.
The vertical distance of a building measured from the average
elevation of the finished grade in front of the building to the:
A line parallel to the front, side, and/or rear lot line,
touching that part of the structure closest to said lot line.
Generally refers to the manner in which a building is positioned
on a lot as described by the relationship between the front of the
building and the front lot line (e.g., a front building facade parallel
to the front lot line).
A document signed by the Building Code Official, as required in Chapter 200 relating to code enforcement, as a condition that must be met prior to commencing with the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such building or structure complies with the provisions of Chapter 200 relating to code enforcement, and this chapter relating to zoning.
See "setback line."
A detached, subordinate building or structure, the use of
which is customarily incidental and subordinate to that of the principal
building, structure or otherwise principal use of the lot, and which
is located on the same lot as that occupied by the principal building,
structure, or otherwise principal use of the lot.
A building connected to another building or structure via
one or more common party wall(s).
A building surrounded by open space on the same lot.
The main or primary building or structure, the use of which
is primary and essential to that of any accessory building, structure,
or other accessory use of the lot, and which is located on the same
lot as any accessory building, structure, or other accessory use of
the lot.
A structure providing temporary cover or protection, as from
the weather, to riders waiting to board buses and other similar public
transportation motor vehicles.
The diameter of a tree trunk measured at 4 1/2 feet
from ground level.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A permanent structure or architectural projection of rigid construction over which a covering is attached that provides weather protection, identity or decoration, and shall be structurally independent or supported by attachment to a building on one end by not less than one stanchion on the outer end.)
A roofed structure that is enclosed on not more than two
sides and provides space for the parking of motor vehicles, and is
accessory to a principal or accessory structure, unless it is attached
to the building or structure, in which case it shall comply with all
applicable principal or accessory structure standards of this chapter.
That improved portion of a street or alley within which vehicles
are permitted, including travel lanes and parking areas, but not including
shoulders, curbs, sidewalks or swales.
An establishment involving the burial of and/or long term
interment of human or animal remains either in the ground or in structures
(e.g., columbariums, mausoleums, and entombments).
The certificate issued by a duly authorized Borough officer
which permits the use of a building or structure in accordance with
the approved plans and specifications and which certifies compliance
with the provisions of law for the use and occupancy of the land and
structure in its several parts, together with any special stipulations
or conditions of the building permit and/or zoning permit.
Any use that differs from the previous use of a structure
or land.
Area of the community that has achieved a unique, recognizable,
character that is different from neighboring areas. These differences
may be the result of topography, age and style of housing and buildings,
built environment, land use development patterns, landscaping, street
patterns, open space, or streetscapes.
A structure containing one or more flues for drawing off
emissions from stationary sources of combustion.
A triangular-shaped portion of land established at a street
intersection in which nothing is permitted to be erected, placed,
or planted, or allowed to grow in a manner as to limit or obstruct
the sight distance of motorists entering or leaving the intersection.
An establishment where three or more full-time-equivalent
licensed medical professionals who are authorized by law to examine,
diagnose, and treat patients, including physicians, dentists, opticians,
psychologists, and other similar medical personnel and vocations,
examine and treat patients on an outpatient basis. Such a facility
may also include a pharmacy, provided that such use has access only
from the interior of the building or structure. This use shall not
include overnight accommodation of patients. This use shall also include
those establishments commonly known as ambulatory surgical, urgent,
and emergency centers without overnight accommodations.
An organization catering exclusively to members and their
guests and not the general public. Private clubs shall include, but
not be limited to, educational, fraternal, service, and political
organizations, labor unions, and social and athletic clubs.
An establishment exclusively serving members and their guests, or premises or buildings that are used for social, recreational and administrative purposes, provided there are no vending stands, merchandising, or commercial activities except as required for the membership or fund-raising of such club. This use shall not include a bar, boardinghouse, nightclub, restaurant, or tavern open to the general public, or an auditorium, unless that particular use is permitted in that zoning district and the applicable requirements of that use are met, provided they are operated primarily to serve members and their guests. Private clubhouses and lodges shall not be construed to be a sexually oriented business and/or related use as defined herein this Article II of this chapter.
The mounting of one or more WCFs, including antennas, on
a preexisting structure, or modifying a structure for the purpose
of mounting or installing a WCF on that structure.
[Amended 7-18-2019 by Ord. No. 759; 8-18-2022 by Ord. No. 774]
An unheated outdoor structure consisting of a wooden or concrete
frame and a top of glass or plastic, used for protecting seedlings
and plants from the cold.
An establishment operated as a gainful business, open to
the public, for the purpose of leisure-time activities, public recreation
or entertainment, including, but not limited to, amusement arcade,
arena, assembly hall, bingo parlor, bowling alley, gymnasium, health
and fitness club, miniature golf course, skating rink, shooting range,
swimming pool, tennis courts, etc., when operated within a completely
enclosed building or structure.
An establishment operated as a gainful business and open
to the public upon open land, wholly or partially outside of a building
or structure, for the purpose of leisure-time activities, public recreation
or entertainment (e.g., a swimming pool, tennis court, batting and
pitching cages, go-cart track, and skating rinks, and that may also
include amusement rides or regular live entertainment). This use excludes
a park, golf course, and an outdoor shooting range.
Any motor vehicle licensed by the Commonwealth of Pennsylvania
as a commercial vehicle.
Equivalent § 107 of the most recent version of
the MPC.[8] (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.)[9]
An unmanned building or cabinet containing communications
equipment required for the operation of wireless communications facilities.
[Added 8-18-2022 by Ord.
No. 774]
An establishment used for noncommercial recreational, social,
educational, and cultural activities, open to the public or a designated
part of the public, owned or operated by a public or nonprofit group
or agency.
An area of land managed and maintained by a group of individuals
to grow and harvest food crops and/or nonfood ornamental crops (e.g.,
flowers) for personal or group use, consumption or donation. Community
gardens may be divided into separate plots for cultivation by one
or more individuals or may be used collectively by members of the
group and may include common areas maintained and used by group members.
Capable of associating or blending with or being associated
or blended because of sensitive, harmonious, agreeable, appropriate,
or consistent combination with another or other.
The mixing of decomposing refuse matter for the purpose of
creating fertilizer material.
The most recent version of the official public document prepared
in accordance with the MPC,[10] consisting of maps, charts and textual material that constitutes
decisions about the physical and social development of the Borough,
as amended from time to time.
A form of ownership of real property, as defined in the Pennsylvania
Uniform Condominium Act of 1980,[12] which includes a multiple unit land development in which
there is a system of separate ownership of individual units of occupancy
and undivided interest of land and common facilities. For purposes
of this chapter, the specific uses associated with a condominium shall
be regulated by the applicable standards of this chapter, regardless
of the form of ownership.
In agreement; compatible.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile/manufactured homes.
The conditions and circumstances that are relevant to a setting,
event, fact, etc.
Next to, abutting, or touching and having a boundary, or
portion thereof, that is shared. To physically touch or border upon,
or to share a common property line, but not overlap.
An age-restricted development or establishment that provides
a continuum of accommodations and care, from independent living to
long-term bed care, and enters into contracts to provide lifelong
care in exchange for the payment of monthly fees and an entrance fee.
An establishment primarily engaged in the retail sale of
frequently or recurring needed goods for household consumption, prepackaged
food and beverages, foods prepared on site, magazines, lottery tickets,
tobacco products, and limited household supplies and hardware; as
well as the rental of videotapes, DVDs and video games, provided that
a sexually oriented business and/or related use are specifically prohibited.
The use also may include the on-site consumption of food and beverages,
as well as the retail sale of fuel for passenger vehicles, oil, grease,
automobile accessories, propane, and kerosene, and automatic car-washing
facilities.
A group of uses designed and constructed as an integrated
development to serve those attending consumer trade shows, association
conferences and meetings, sports shows, banquets, receptions and other
similar functions.
An establishment primarily engaged in providing custom printing,
photocopying, faxing, mailing, courier service and/or other similar
business and office support services, along with accessory sales of
materials and items related to copying and mailing.
The projecting horizontal element that tops a wall or flat
roof.
An establishment primarily engaged in the on-site production,
display, and sale of goods created on-site by hand manufacturing generally
involving only the use of hand tools and/or other domestic mechanical
equipment. Typical uses include painting and other media, art, ceramics,
fabric crafts, candle-making, and jewelry manufacturing. All such
production associated with this use shall occur within a completely
enclosed building.
A harvestable product including, but not limited to, herbs,
fruits, flowers or vegetables, planted, grown, and cultivated in the
soil.
The use of land for the tilling of the soil; the raising,
maintenance, and cultivation of crops, and also including horticulture,
apiculture, floriculture, viticulture, for personal, and generally
noncommercial purposes.
A stone, concrete, or other improved boundary usually marking
the edge of the roadway, access drive, or paved area.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
An establishment offering care or supervision of persons
under the age of 16, special needs adults in lieu of care or supervision
by family members, elderly persons (generally 62 years of age and
older), mentally disabled, and/or physically handicapped persons who
need such daily assistance because of their physical or cognitive
disability, or disease. This use shall not include persons who need
oversight because of criminal and/or violent behavior. 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:
DAY CARE, ACCESSORYAn accessory use to a residential dwelling unit, whereby care and supervision is offered to no more than three nonresidents of the site during any calendar day. Since an accessory day care does not require zoning approval, no business advertising signs shall be permitted. Additionally, any permitted accessory day care use shall maintain an exterior appearance that resembles and is compatible with any existing dwelling on the lot and in the neighborhood. No modifications to the external appearance of the building used for the accessory day care, except fire escapes and safety requirements, which would alter its residential character, shall be permitted.
DAY CARE, COMMERCIALAn establishment operated as a gainful business that provides care and supervision to more than six nonresidents of the site during any calendar day. Commercial day-care facilities can be operated as principal uses or as accessory uses associated with other uses (e.g., schools, places of worship, industries, residential complex, etc.); however, in no case shall a commercial day care be considered an accessory use to an individual dwelling unit. Commercial day-care facilities shall include "group child day-care homes" and "child day-care centers," as defined and regulated by the Pennsylvania Department of Public Welfare.
DAY CARE, FAMILYAn accessory use to a residential dwelling unit, in which the care and supervision is offered to between four and six nonresidents of the site during any calendar day. Family day-care facilities must be registered with the Pennsylvania Department of Public Welfare.
Plants that drop their leaves before becoming dormant in
winter.
An elevated, open, exterior structure, platform, or floor
supported on at least two opposing sides by an adjacent structure,
and/or posts, piers or other independent supports.
A restriction on the use of the land set forth in the deed
or instrument of conveyance. Such restriction usually runs with the
land and is binding upon subsequent owners of the property. The municipality
is not responsible for enforcing a deed restriction, unless the restriction
resulted from a condition or stipulation of the subdivision or land
development approval process, and in which the municipality is a party.
The number of dwelling units or units of occupancy per acre
of net lot area.
Pennsylvania Department of Environmental Protection.
Equivalent § 107 of the most recent version of
the MPC.[13] (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.)
Includes the following:
Use, occupation, erection, construction, reconstruction, movement,
alteration, razing, demolition, removal, placement, or extension (vertical
or horizontal) of a structure, building or sign.
Change of the type of use or expansion of the use of a structure,
building, or area of land.
Creation or establishment of a new use of a structure, building,
and area of land.
Creation of a new lot or alteration of existing boundaries.
Alteration or development of any improvement or unimproved real
estate, including, but not limited to, mining, dredging, filling,
grading, paving, excavation or drilling operations for underground
utilities provided the final grade is not altered.
Construction or installation of lakes, ponds, dams, or other
water retention basins.
Land development, as defined in this Article II of this chapter, shall be included in this definition.
Infill, redevelopment, replacement, and adaptive reuse as defined in this Article II of this chapter, shall be included in this definition.
Other activities required to have a permit and/or approval by
this chapter.
Equivalent § 107 of the most recent version of
the MPC.[14] (The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this act shall mean the written
and graphic materials referred to in this definition.)[15]
A process whereby materials, goods, cargo, and products are
received and stored by one entity and then delivered to another.
An establishment engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials, including transshipment
by boat, rail, air, or motor vehicle.
An establishment operated as a gainful business in which
the care and supervision to more than one nonresident small domestic
and usual house pet and/or animal (e.g., dogs and cats) occurs during
any calendar day.
A projection from a sloping roof which contains a window.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A space in a building where group sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group, under joint occupancy and single management, as in college dormitories or fraternity houses.)
A business establishment, including an eating establishment,
that offers refreshments, entertainment, goods or services to patrons,
who purchase and/or consume such refreshments, entertainment, or services
on the premises and outside of the building or structure, including
patrons who may receive services, obtain goods, or be entertained
while remaining in their motor vehicles.
A structure designed for providing goods and services to
drivers and patrons who remain in their vehicles before and during
the on-site activity.
A private drive, other than an access drive, providing vehicular
access between a street or access drive and a parking area for not
more than two residential units of occupancy.
A container, generally two or more cubic yards in capacity,
for the disposing of refuse, whether generated by residential, nonresidential,
or other use.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A building that contains one or two dwelling units, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes.)
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation). For purposes of this chapter, "or more persons" shall specifically be limited to not more than one family.
A building occupied and used by three or more families living
independently of each other, wherein each dwelling unit shall contain
private bath and kitchen facilities. Includes apartment homes/houses.
See Figure 550-2-2, Multifamily Dwelling Example: Plan View, and Figure
550-2-3, Multifamily Dwelling Example: Profile View.
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Figure 550-2-2 Multifamily Dwelling
Example: Plan View
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Figure 550-2-3 Multifamily Dwelling
Example: Profile View
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A building containing one dwelling unit occupied and used
by one family, having at least one party wall in common with other
single-family attached dwelling(s). For units having one party wall,
there shall be one side yard, and for units having two party walls,
there shall be no side yards (except on corner lots). Standards and
regulations of this chapter shall apply to individual units, whether
on a common lot or on individual lots. Includes town homes/houses
and row homes/houses. See Figure 550-2-4, Single-Family Attached Dwellings
Example: Plan View, Figure 550-2-5, Single-Family Attached Dwellings
Example: Profile View, Figure 550-2-6, Single-Family Attached Dwellings
(On One Lot) Example: Plan View, and Figure 550-2-7, Single-Family
Attached Dwellings (On One Lot) Example: Profile View.
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Figure 550-2-4 Single-Family Attached
Dwellings Example: Plan View
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Figure 550-2-5 Single-Family Attached
Dwellings Example: Profile View
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Figure 550-2-6 Single-Family Attached
Dwellings (On One Lot) Example: Plan View
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Figure 550-2-7 Single-Family Attached
Dwellings (On One Lot) Example: Profile View
|
A building containing one dwelling unit occupied and used
by one family, and having two side yards (except on corner lots).
See Figure 550-2-8, Single-Family Detached Dwelling Example: Plan
View, and Figure 550-2-9, Single-Family Detached Dwelling Example:
Profile View.
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Figure 550-2-8 Single-Family Detached
Dwelling Example: Plan View
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Figure 550-2-9 Single-Family Detached
Example: Profile View
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A building containing one dwelling unit occupied and used
by one family and having one party wall in common with another single-family
semidetached dwelling building and one side yard (except on corner
lots). See Figure 550-2-10, Single-Family Semi-Detached Dwelling Example:
Plan View, and Figure 550-2-11, Single-Family Semi-Detached Dwelling
Example: Profile View.
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Figure 550-2-10 Single-Family Semi-Detached
Dwelling Example: Plan View
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Figure 550-2-11 Single-Family Semi-Detached
Dwelling Example: Profile View
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A building containing two dwelling units each occupied and
used by one family, with one dwelling unit arranged over the other
or beside the other, and having two side yards (except on corner lots).
See Figure 550-2-12, Two-Family Dwelling Example: Plan View, and Figure
550-2-13, Two-Family Dwelling Example: Profile View.
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Figure 550-2-12 Two-Family Dwelling
Example: Plan View
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Figure 550-2-13 Two-Family Dwelling
Example: Profile View
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A strip of land granted for limited use of property by the
landowner for a public or quasi-public or private purpose, and within
which the owner of the property shall not have the right to make use
of the land in a manner that violates the right of the grantee.
Projecting overhang at the lower border of a roof and extending
from a primary wall or support.
Any request for modification of an existing WCF that does
not substantially change the physical dimensions of such WCF, involving:
[Added 8-18-2022 by Ord.
No. 774]
A condition that constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or has caused or
is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 7-18-2019 by Ord. No. 759]
An establishment for the maintenance, fueling, storage, dispatching,
or parking of vehicles and/or equipment utilized for fire, emergency
medical, and ambulatory services and related activities, other than
those owned and/or operated by the Borough, and/or its authorized
municipal authorities and/or agents. This use may include accessory
housing for related personnel while on call.
The greatest 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.
An increase in the size of an existing structure or use,
including physical size of the property, structure, building, parking,
and other improvements.
The largest number of students under educational supervision
at any one time.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
[Added 7-18-2019 by Ord. No. 759]
The removal of surface materials by the action of natural
elements.
The provision by public utilities, municipal, or other governmental
units regulated by the Public Utility Commission (PUC) or other governmental
agencies of underground or overhead gas, electrical, steam or water
pipes, sewer and storm sewer facilities, and wires, mains, drains,
sewers, pipes, conduits, cables, fire alarm boxes, traffic signals,
hydrants and similar equipment and accessories in connection therewith,
reasonably necessary for the furnishing of adequate services by such
public utilities, municipal, or governmental units or for the public
health, safety or general welfare.
Any organization, including a business, whether private,
public, governmental, social, or otherwise, together with its owners,
directors, employees, members, merchandise, inventory, and equipment,
founded for a specific purpose.
Plants having foliage that persists and remains green throughout
the year.
Any act by which earth, sand, gravel, rock, or any other
similar materials is dug into, cut, quarried, uncovered, removed,
displaced, relocated or bulldozed. It shall include the conditions
resulting therefrom.
An activity or use of land occurring on a lot or parcel as
of the effective date of this chapter.
Federal Aviation Administration.
[Added 8-18-2022 by Ord.
No. 774]
One or more persons related by blood, marriage, legal guardianship,
licensed or court-appointed foster care, or legal adoption who maintain
one common household and reside in one dwelling unit; or no more than
four persons who are not related to each other by blood, marriage,
legal guardianship, licensed or court-appointed foster care, or legal
adoption except persons possessing a handicap as set forth in the
definition of "group home" and within the meaning of the Fair Housing
Act [42 U.S.C. § 3602(h), or successor legislation] who
reside in one dwelling unit and live and cook together as a single
housekeeping unit shall be considered a family.
An outdoor establishment used for the sale of raw agricultural
and food products, and assorted new and used goods by vendors or auctioneers
on a periodic basis.
Federal Communications Commission.
[Added 7-18-2019 by Ord. No. 759]
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry
erected, intended and maintained; and/or hedges, "living fences" and
other natural vegetation planted, intended and maintained; either,
singularly, or in combination to provide screening or divide one property
from another property or public street right-of-way; enclosing an
area; helping assure privacy or protection; and/or to define and mark
the property or lot line(s).
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, pulled, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface. It shall include the conditions resulting therefrom. The
amount of fill shall be considered the difference in elevation between
a point on the original ground and a designated point of higher elevation
on the final grade.
An establishment, excluding banks, savings and loans, and
credit unions, where the principal business is the receipt, disbursement,
or exchange of funds and currencies and includes those establishments
considered pawn shops, payday lending, and check-cashing businesses.
The elevation of the land surface of a site after completion
of all site preparation work.
A structure, device, or appurtenance, including stairways,
railings, ladders, etc., attached to the exterior of a building, erected
for emergency exit in the event of fire.
The sum total of all floor area space relegated to use by
the customer and the retail employee to conduct retail sales, including
the display area used to indicate the variety of goods available for
customers, but not including office space, storage space, and other
general administrative areas.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns, or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.)
See "habitable space" equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.)
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (The actual occupied area not including unoccupied accessory areas such as corridors, stairways, toilet rooms, mechanical rooms and closets.)
An establishment in which food is processed and/or prepared
on the premises, and which may be sold and/or consumed on the premises.
This term shall also include bakeries and catering establishments.
Equivalent § 107 of the most recent version of
the MPC.[16] (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.)
Generally refers to the type of building or structure (e.g.,
two-story structure) and its architectural characteristics.
An establishment conducting embalming and cremation activities
which may include the viewing of the deceased and ceremonies connected
therewith prior to burial or cremation, but not including cemeteries,
columbariums, mausoleums, and entombments.
An accessory enclosed or covered space for the storage of
one or more vehicles, provided that no business, occupation, or service
is conducted for profit therein nor holds space therein, unless otherwise
permitted elsewhere in this chapter.
Any garage other than a private garage that is used for parking
or storage of motor vehicles.
The cultivation of herbs, fruits, flowers, or vegetables.
See MPC. Equivalent § 107 of the most recent version
of the MPC.[17] (The Council in cities, boroughs and incorporated towns;
the Board of Commissioners in townships of the first class; the Board
of Supervisors in townships of the second class; the Board of Commissioners
in counties of the second class through eighth class or as may be
designated in the law providing for the form of government.) For purposes
of this chapter, the governing body shall be the Lemoyne Borough Council.
See also "Borough Council."
Any establishment, use, facility, and/or structure owned
and/or operated by a government, government agency or government authority
for valid public health, public safety, public welfare, or similar
governmental purpose other than the Borough, its municipal authorities,
and/or authorized agents. This term shall not include permitted uses
defined, listed, and/or regulated separately elsewhere in this chapter.
A structure whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A planting of low-growing plants or sod that in time forms
a dense mat covering the area, preventing soil from being blown or
washed away and the growth of unwanted plants.
An establishment providing shelter, counseling, and other
rehabilitative services in a family like environment for at least
nine but fewer than 15 residents, plus such minimum supervisory personnel
as may be required to meet licensing standards of the Commonwealth
of Pennsylvania, specifically the Pennsylvania Department of Public
Welfare. Residents may not be legally related to the facility operators
or supervisors and, by reason of physical, mental, or developmental
disability, chemical or alcohol dependency, or family or school adjustment
problems, require a minimum level of supervision but do not require
medical or nursing care or general supervision.
A dwelling inhabited by not more than eight handicapped persons,
as identified and provided for by the Fair Housing Act and this chapter.
This definition does not include persons occupying a hotel, motel,
bed-and-breakfast, halfway house, boardinghouse, treatment center
or institution. A group home involves persons functioning as a common
household unit, providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed in an institution
because of physical, mental, or developmental disability, or old age,
or individuals who meet the definition of "handicap," as defined by
applicable federal law. (NOTE: The Federal Fair Housing Act amendments
define "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 § 802 of Title 21." This definition was subsequently
adjusted by § 512 of the Americans with Disabilities Act
(ADA) to address certain situations related to substance abuse treatment.)
For the purposes of this chapter, group homes shall be permitted and
regulated as single-family detached dwellings.
A noninstitutional living arrangement with treatment and
support services for persons with substance abuse problems or for
inmates and parolees approaching parole release date or release from
a corrections institution. The halfway house operates under the rules
and regulations of the Pennsylvania Department of Health or Department
of Corrections or similar authorities. The residents are provided
full-time supervision and counseling on employment, vocations, finances
and community living.
Materials which are classified by the U.S. Environmental
Protection Agency (EPA), the Pennsylvania Department of Environmental
Protection (DEP), or the Borough of Lemoyne as having the potential
to damage health or impair safety. Hazardous materials include, but
are not limited to, inorganic mineral acids or sulfur, fluorine, chlorine,
nitrogen, chromium, phosphorous, selenium, arsenic and their common
salts, lead, coal tar acids, such as phenols and cresols and their
salts, petroleum products, and radioactive material. Also included
are floatable materials with the potential to cause physical damage,
such as logs, storage tanks, and large containers, located in flood-prone
areas.
Any substance classified by the EPA, the DEP, or the Borough
of Lemoyne as having the potential to damage health or impair safety,
including garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air
pollution facility, and other discarded material, including solid,
liquid, semisolid, or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining or agricultural operations,
and from community activities, or any combination of the above, which,
because of its quantity, concentration, or physical, chemical, or
infectious characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of, or otherwise managed.
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(NOTE: "Hazardous waste" shall also include any added components
from the Solid Waste Management Act of July 7, 1980, P.L. 380, No.
97, as amended.[18])
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An establishment, facility, or group of structures, aboveground
or underground storage tanks, or any other area, structures, or buildings
used for the purpose of permanently housing or temporarily holding
hazardous waste for the storage or treatment for any time span other
than the normal transportation time through the Borough.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Amended 7-18-2019 by Ord. No. 759]
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (An area of land or water or structural surface that is used, or intended for the use, for the landing and taking off of helicopters, and any appurtenant areas that are used, or intended for use, for heliport building or other heliport facilities.) Heliport shall be licensed by the FAA and/or PennDOT.
An establishment providing for the sale of materials, products,
and supplies for home improvement, lawn, and garden, lumber, and other
similar building materials and products, including hardware stores.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling.
A structure made of piping or other material covered with
translucent plastic, constructed in a "half-round" or hoop shape.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Buildings or portions thereof used on a twenty-four-hour basis for the medical, psychiatric, obstetrical or surgical treatment of inpatients who are incapable of self-preservation.) A hospital shall be licensed as such by the Commonwealth of Pennsylvania. The term "hospital" shall not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access to a common interior corridor and which may
provide additional supporting services (e.g., restaurants, meeting
rooms, recreation facilities, and living quarters for a resident manager
or proprietor).
Persons living together in a single dwelling unit, with common
access to, and common use of, all living and eating areas and all
areas and facilities for the preparation and storage of food within
the dwelling unit.
See "lot coverage."
Equivalent of the most recent version of Chapter 460 relating to stormwater management. A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to, roofs used to cover indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets or sidewalks. (Decks, parking areas, and driveway areas are not counted as impervious areas if they allow for infiltration.)
A body of water (e.g., a pond) confined by a dam, dike, floodgate,
or other barrier.
Any man-made immovable item which becomes part of, placed
upon, or is affixed to, real estate.
Incapable of associating or blending with or of being associated
or blended with another or other because of insensitivity, disharmony,
inappropriateness, unsuitability, or incongruity.
GENERAL INDUSTRIALAn establishment primarily:
Involving the processing and manufacturing of semi-finished
and/or finished materials or products predominately from extracted,
raw, and/or recycled materials; or
Engaged in the storage of, manufacturing processes, or shipping
of flammable or explosive materials; or
Engaged in the storage, manufacturing processes, and/or shipping
of materials or products that potentially involve hazardous or commonly
offensive conditions; and
Due to the more intensive nature of the processes, materials,
products, etc., such uses that may disturb or endanger neighboring
properties.
LIGHT INDUSTRIALAn establishment primarily:
Involving the manufacturing, predominately from previously prepared
semifinished or finished materials, products, or parts of finished
materials and products, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution,
as well as the repair of such finished products; but
Excluding the processing of extracted, raw, and/or recycled
materials; and
Due to their lower-intensity nature of such processes, materials,
or products, produces no noise, vibration, air pollution, fire hazard
or noxious emission, which would disturb or endanger neighboring properties.
Involved in the production and/or repair services of major appliances;
electrical instruments; office and vending machines; precision instruments;
electronic devices; timepieces; jewelry; musical instruments; novelties;
mass-produced personal and office furniture and equipment; wood products
(e.g., cabinetry); printed materials including all forms of media
and signs; lithographic plates; type composition; machine tools; dies
and gauges; ceramics; apparel; lightweight metal castings; film processing;
light sheet metal products; tin-smithing, welding, plumbing, heating,
ventilating and air-conditioning plastic goods; pharmaceutical goods,
medical supplies, optical goods, and related equipment and appliances;
and food products and frozen food lockers; taxidermy, but not animal
slaughtering or curing nor rendering of fats, when such facilities
are in a completely enclosed building and/or structure.
The manufacturing, compounding, processing, assembly, or
treatment of materials, articles, or merchandise.
Development of land within the Borough accessible to infrastructure
that is generally surrounded by development and has been by passed,
remained vacant, and/or is underused.
A vehicle intended to be self-propelled that shall not be
operable under its own power for any reason, or a vehicle that shall
be without a valid current registration and valid current certificate
of inspection, or any vehicle in a major or severe state of disrepair.
Any scrap, waste, reclaimable material, or debris, whether
or not stored, for sale or in the process of being dismantled, destroyed,
processed, salvaged, stored, baled, disposed of, or other use or disposition.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs.
Cannot be towed, in regards to a trailer designed to be towed.
Has been separated from its axles, engine, body or chassis.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
An establishment in which three or more pets or domesticated animals (e.g., dogs and cats, but not including livestock, horses, poultry, or wild animals) are kept, boarded, raised, bred, treated, or sold as a gainful business whether or not licensed through the Department of Agriculture, in accordance with the Pennsylvania Code, Title 7, Chapter 472, as amended or revised. For the purpose of this definition, the production of more than two litters in any calendar year shall be considered a commercial kennel business. This use shall also include an establishment providing obedience training, behavior modification training, and/or specialized skill training services to animals, dogs, and their owners or handlers.
Equivalent § 107 of the most recent version of the
MPC.[19] (Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.)
Equivalent § 107 of the most recent version of
the MPC.[21] [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.]
An establishment engaged in supplying, on a rental or contract
basis, laundered items, including:
Table and bed linens; towels; diapers; and uniforms, gowns,
or coats of the type used by doctors, nurses, barbers, beauticians,
and waitresses; and/or
Industrial work uniforms and related work clothing [e.g., protective
apparel (flame- and heat-resistant) and clean room apparel]; dust
control and cleaning items (e.g., treated mops, rugs, mats, dust tool
covers, cloths, and shop or wiping towels).
An establishment engaged in one or more of the following:
Dry-cleaning services;
Laundering services;
Dropoff and pickup sites for laundries and/or dry cleaners;
and/or
Specialty cleaning services for specific types of garments and
other textile items (e.g., fur, leather, or suede garments; wedding
gowns; hats; draperies; and pillows), but excluding carpets and upholstery.
These establishments may provide all, a combination of, or none
of the cleaning services on the premises.
A contractual agreement for the use of lands, structures,
buildings, or parts thereof for a fixed time and consideration.
An establishment in which literary, musical, artistic or
reference material (e.g., books, manuscripts, recordings or films)
are kept for use but generally not for sale.
Lighting-related words and phrases: Unless specifically defined elsewhere herein this chapter or in the Code of the Borough of Lemoyne, the following words and phrases when used in this chapter relating to the outdoor lighting and other performance standards set forth in Article VII of this chapter relating to performance standards for all uses shall have the meaning given to them herein this subsection unless the context clearly indicates otherwise:
FOOTCANDLEA unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FULL(Y) SHIELDED OR FULL CUT-OFF TYPE FIXTUREAn outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
GLAREDirect light that causes annoyance, discomfort or loss in visual performance and visibility, and/or ability to focus.
ILLUMINANCEThe quantity of light arriving at a surface divided by the area of that surface, measured in footcandles.
LIGHT TRESPASSLight emitted by a lighting fixture that falls beyond the boundaries of the property on which the fixture is installed.
RECESSED CEILING FIXTUREAn outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
UPLIGHTINGAny light source that distributes illumination above a 90° horizontal plane.
Defined by the Liquor Code, 47 P.S. § 1-101 et
seq.
Large animals and/or farm animals, including, but not necessarily
limited to, the following: horses, ponies, donkeys, mules, cattle,
sheep, goats or swine but also including poultry. For the purposes
of this chapter, livestock shall not be considered domestic pets.
A continuous hedgerow of living plant material planted, intended,
and maintained for the purpose of screening or dividing one property
from another property or public street right-of-way; enclosing an
area; helping assure privacy or protection; and/or to define and mark
the property or lot line(s).
Equivalent § 202 of the most recent version of the IRC as part the most recent version of Chapter 200 relating to code enforcement. (Space within a dwelling unit utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes.)
Except as otherwise provided in Article IX of this chapter relating to loading and unloading standards, an off-street loading/unloading space upon an area of land, open or enclosed, other than a street right-of-way, excluding minor access streets, used primarily for the standing, loading or unloading of motor trucks, tractors and trailers, and/or other service vehicles so as to avoid undue interference with the public use of streets, excluding minor access streets.
See "nursing homes" equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Nursing homes are long-term care facilities on a twenty-four-hour basis, including both intermediate-care facilities and skilled nursing facilities, serving more than five persons and any of the persons are incapable of self-preservation.) A long-term-care facility shall be licensed as such by the Department of Health of the Commonwealth of Pennsylvania.
Equivalent § 107 of the most recent version of
the MPC.[22] (A designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.)
A way or means of approach to provide vehicular access to
a property.
The area contained within the property lines of the individual
parcel of land, including the area of any utility easement or stormwater
management facility, but excluding space within the street right-of-way.
That portion or percentage of the lot area covered by impervious
surface. See "impervious lot coverage."
That portion of a lot abutting on the street right-of-way,
excluding minor access streets, and regarded as the front of the lot.
A line that separates a lot from another lot or from a street
or any other public or private space.
The lot line separating a lot from the ultimate street right-of-way,
excluding minor access streets. In the case of a corner lot abutting
a street right-of-way on more than one side, there shall be two front
lot lines, one side lot line and one rear lot line. The rear lot line
for a corner lot shall coincide with the lot line abutting any minor
access street; otherwise, it shall be the lot line opposite the lot
line along the street of address.
The lot line opposite and most distant from the front lot
line. In the case of triangular or otherwise irregularly shaped lots,
a line 10 feet in length entirely within the lot, parallel to and
at a maximum distance from the front lot line. A corner lot shall
have two front lot lines and one side lot line, and one rear lot line.
The rear lot line for a corner lot shall coincide with the lot line
abutting any minor access street; otherwise, it shall be the lot line
opposite the lot line along the street of address.
Any lot line other than a front or rear lot line. A corner
lot shall have two front lot lines and one side lot line, and one
rear lot line. The rear lot line for a corner lot shall coincide with
the lot line abutting any minor access street; otherwise, it shall
be the lot line opposite the lot line along the street of address.
A lot which is a part of a subdivision, the plan of which
was recorded, or a parcel of land, the deed of which was recorded
in the office of the Cumberland County Recorder of Deeds prior to
the adoption of this chapter.
The horizontal distance between the side lines of a lot measured
either at the front lot line (lot frontage), or at the or at the front
building setback line, as specified in the applicable zoning district.
A lot at the junction of and abutting on two or more intersecting
streets, excluding minor access streets, or at the point of abrupt
change of a single street, where the interior angle is less than 135°
or the radius of the street line is less than 10 feet. A corner lot
shall have two front lot lines and one side lot line, and one rear
lot line. The rear lot line for a corner lot shall coincide with the
lot line abutting any minor access street; otherwise, it shall be
the lot line opposite the lot line along the street of address. See
Figure 550-2-14, Typical Lots.
The horizontal distance measured between the street right-of-way
and the closest rear property line on a corner and reverse-frontage
lot, the depth shall be measured from the street right-of-way line
of the street address to the directly opposite property line.
An interior lot that abuts two or more parallel or nonintersecting
streets, excluding minor access streets, generally at the front lot
and rear lot lines. See Figure 550-2-14, Typical Lots.
A lot whose side lot lines do not abut upon any street, excluding
minor access streets; a lot other than a corner lot. Lots abutting
and bounded by one street, two minor access streets, and one other
lot shall be considered interior lots. See Figure 550-2-14, Typical
Lots.
An interior through or double-frontage lot that is not accessible
from one of the parallel or nonintersecting streets upon which it
abuts and fronts. See Figure 550-2-14, Typical Lots.
Figure 550-2-14 Typical Lots
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A function involving either the processing, conversion or
production of materials, goods, or products.
A facility providing a boat dock and launch and which may
include facilities for renting, storing, servicing, fueling, berthing
and securing boats as well as eating and retail facilities and the
sale of fuel.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating the
external soft parts of the body with the hands or with the aid of
any mechanical or electrical apparatus or appliance, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointments, or other similar preparations.
Generally refers to the scale of a building or structure
in relationship to those in vicinity of it (e.g., abutting or adjacent
lots, or neighborhood).
The average of a series of figures computed by adding up
all the figures and dividing by the number of figures.
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, gas, 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.
Equivalent § 107 of the most recent version of
the MPC.[23] (Any aggregate or mass of mineral matter, whether or not
coherent. The term includes, but is not limited to, limestone and
dolomite, sand and gravel, rock and stone, earth, fill, slag, iron
ore, zinc ore, vermiculite and clay, anthracite and bituminous coal,
coal refuse, peat and crude oil and natural gas.)
See "self-service storage facility" equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (Real property designed and used for the purpose of renting or leasing individual storage spaces to customers for the purpose of storing and removing personal property on a self-service basis.)
Occupancy of a structure or land by more than one use, generally
permitted nonresidential and permitted residential uses, as permitted
in the applicable zoning district.
The development of a tract of land, or structure with a variety
of complementary and integrated uses.
See "manufactured home" equivalent § 401 of the
most recent version of the PA UCC. {Under § 901(a) of the
Act [35 P.S. § 7210.901.(a)], housing which bears a label
as required by and referenced in the Manufactured Housing Act (35
P.S. §§ 1656.1 through 1656.9), certifying that it
conforms to federal construction and safety standards adopted under
the National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. §§ 5401 through 5426)}. See
also "mobile home" equivalent § 107 of the most recent version
of the MPC.[24] (A transportable, single-family dwelling intended for
permanent occupancy, contained in one unit, or in two or more units
designed to be joined into one integral unit capable of again being
separated for repeated towing, which arrives at a site complete and
ready for occupancy, except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used without
a permanent foundation, except "mobile home" shall be considered "manufactured/mobile
home.")
See "mobile home park" equivalent § 107 of the
most recent version of the MPC.[25] (A parcel of land in a mobile home park, improved with
the necessary utility connections and other appurtenances necessary
for the erections thereon of a single mobile home, except "mobile
home" shall be considered "manufactured/mobile home.")
That part of an individual mobile/manufactured home space
that has been reserved for the placement of a mobile/manufactured
home and appurtenant structures and connections.
The improvement, upgrade or expansion of existing wireless
communications facilities or base stations on an existing wireless
support structure or the improvement, upgrade, or expansion of the
wireless communications facilities located within an existing equipment
compound, if the improvement, upgrade, expansion or replacement does
not substantially change the physical dimensions of the wireless support
structure.[26]
[Added 7-18-2019 by Ord. No. 759]
An establishment providing temporary, overnight lodging accommodations
for transient guests for compensation, in sleeping rooms/units that
each has separate access directly to the outside and which may provide
such additional supporting services as restaurants, recreation facilities,
and living quarters for a resident manager or proprietor.
The Pennsylvania Municipalities Planning Code, Act of July
31, 1968, P.L. 805, No. 247, as amended and reenacted, also referred
to as the "Municipalities Planning Code," "PA MPC," and/or "MPC" in
this chapter.[27]
Any establishment, use, facility, and/or structure that is
owned and/or operated by the Borough, its municipal authorities, and/or
authorized agents.
An establishment where objects of artistic, historical, or
scientific importance or interest are kept, studied, and displayed.
Any new activity or use of land, structure, or building on
a lot or parcel that was not occurring as of the effective date of
this chapter.
An establishment that may offer the on-site consumption of alcoholic or nonalcoholic beverages and where music, dancing, and/or live entertainment as part of the operations. For the purposes of this definition, "live entertainment" is also meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs offering the sale of alcohol shall be considered a bar/tavern and must comply with all provisions and standards for bars/taverns as defined and regulated in this chapter. Nightclub includes an "under 21" club which features entertainment. Nightclubs shall not be construed to be a sexually oriented business and/or related use as defined herein this Article II of this chapter.
See "no-impact home-based business" equivalent § 107
of the most recent version of the MPC.[28] (A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.)
See "nonconforming lot" equivalent § 107 of the
most recent version of the MPC.[29] (A lot the area or dimension of which was lawful prior
to the adoption or amendment of a zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reasons of such adoption or amendment.)
See "nonconforming structure" equivalent § 107
of the most recent version of the MPC.[30] (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 heretofore or hereafter enacted, where
such structure lawfully existed 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. Such nonconforming structures
include, but are not limited to, nonconforming signs.)
See "nonconforming use" equivalent § 107 of the
most recent version of the MPC.[31] (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.)
Wireless communications facilities collocated on existing
structures, such as, but not limited to, buildings, water towers,
electrical transmission towers, utility poles, light poles, traffic
signal poles, flag poles and other similar structures that do not
require the installation of a new tower.
[Added 7-18-2019 by Ord. No. 759; amended 8-18-2022 by Ord. No. 774]
A temporary storage (surface or structure) for a motor vehicle
that is directly accessible to an access aisle and that is not located
on a dedicated right-of-way, and is located upon the same lot as a
principal use or, in the case of joint parking, within close proximity.
An establishment where patients are admitted on an outpatient
basis for examination and treatment by not more than two full-time-equivalent
licensed medical professionals who are authorized by law to examine,
diagnose, and treat patients, including physicians, dentists, opticians,
psychologists, other similar medical personnel and vocations. Such
an establishment shall not have overnight accommodations or a pharmacy,
and shall include such uses as reception areas, offices, consultation
rooms, and X-ray, provided that such uses have access only from the
interior of the building or structure.
An establishment in which one or more persons are employed
in the management, direction or conducting of business/commerce and
whose staffs/employees serve clients who seek advice and consultation
regarding business/commerce. A business office may include the administrative,
corporate or professional offices for profit, nonprofit or charitable
organizations, but also includes contractors, real estate, stock and
bond brokers, accountants, adjusters, appraisers, utility companies,
lawyers, clergy, teachers, architects, engineers, landscape architects,
planners, interior designers, insurance agents, and similar office-oriented
uses.
A temporary storage (surface) for a motor vehicle within
a dedicated right-of-way, excluding minor access streets.
Not transparent or translucent; impenetrable to light; not
allowing light to pass through, measured by the observation of any
two-square-yard area lying between one foot above the established
grade of the area to be concealed and the top or the highest point
of the required screen, if otherwise not specified, shall be six feet.
See Figure 550-2-15, Typical Opacity Example.
Figure 550-2-15 Typical Opacity Example
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Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designed, or reserved for public or private
use or enjoyment or for the use and enjoyment of owners, occupants,
and their guests.
Open space held in private ownership, the use of which is
normally limited to the occupants of a single dwelling or building.
Open space owned by a public agency and maintained by it
for the use and enjoyment of the general public.
The utilization of lawn or yard area, including decks, patios
or porches, other privately owned open areas, as well as public sidewalks,
as provided for herein, to accommodate the serving of food and drink
to patrons of an operating restaurant or any establishment permitted
to serve food to patrons, fronting on or adjacent to that space.
An illumination source outside any building or structure,
including, but not limited to, an incandescent bulb, LED, mercury,
sodium or neon-filled bulb, and the hardware containing the illumination
source and supporting it. Lighting fixtures underneath a roof of an
open-sided building, including, but not limited to, storage sheds,
canopies, and gas/fuel pump marquees, are deemed to be "outdoor lighting."
The keeping, in an unenclosed area, of any goods, material,
merchandise, or vehicles in the same place for more than 24 hours
where said items are retained for direct use by their owner, who shall
have direct access thereto without intermediate handling by the proprietor
of the facility.
The display and sales of products and goods primarily outside
of an enclosed building or a structure.
A zoning district that encompasses one or more underlying
or base zoning districts and that imposes additional or supplemental
requirements and standards other than those which are required by
the underlying or base zoning district(s).
A use of land, which may include accessory buildings and
structures, for active and/or passive outdoor recreation for the purpose
of pleasure, leisure, fellowship, or exercise, commonly involving
a sporting activity, camping, hiking, jogging, bicycling, swimming,
picnicking, and other related activities which is open to the public.
A park may include amenities such as ball fields, tennis courts, trails,
playground equipment, rest rooms, picnic tables, cooking grills, and
similar facilities. For purposes of this chapter, parks shall not
include improvements for or permit uses that are considered to be
commercial recreational uses.
A public or private lot, building or structure that is designed
and used for the temporary off-street storage and parking of passenger
vehicles. This use shall include surface parking lots and parking
structures, including buildings and decks.
Any area of a lot used for off-street parking facilities,
providing for the transient storage of automobiles, and other motorized
and nonmotorized vehicles.
Except as otherwise permitted in Article IX of this chapter, either a covered garage space or uncovered, improved and stabilized space located outside of the public street right-of-way for the transient storage of automobiles, and other similar motor vehicles.
A building or structure where passenger vehicles may be stored
for temporary off-street parking, including decks and buildings.
Joint use of a parking compound by more than one use and/or
owner.
A common shared wall between two separate structures, buildings,
or dwelling units.
See "terrace."
A specified easement, walkway, path, sidewalk, or other reservation
which is designed for and used exclusively by pedestrians.
A use that is allowed and in which case, zoning matters may
be approved by the Zoning Officer, provided the application complies
with all requirements of this chapter.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania, provided that "person" does not
include or apply to the Borough, or to any department or agency of
the Borough.
[Amended 7-18-2019 by Ord. No. 759]
An establishment defined and licensed by the Pennsylvania
Department of Public Welfare in accordance with Title 55 of the Pennsylvania
Code, Chapter 2620. A personal care home is a premises in which food,
shelter and personal assistance or supervision are provided for a
period exceeding 24 hours for four or more adults who are not relatives
of the operator, and who do not require the services in or of a licensed
long-term-care facility, but who do require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation of a residence in the event of an emergency or medication
prescribed for self-administration. A "halfway house" shall not be
considered a personal care home.
See "assisted-living facility."
An establishment where service-oriented activities for personal needs are provided to the general public, but which do not primarily involve retail sales of goods nor professional advisory services. Such activities shall include and be similar to barbershops and beauty shops/salons; health spas; photographic studios; small home appliance repair including radios and televisions; repair shops for tools, bicycles, guns, locks, shoes and watches; tailor, dressmaking, and upholstering shops; individualized tutoring and teaching; and pet/small animal grooming/washing with no overnight boarding. Personal service establishments shall not be construed to be a sexually oriented business and/or related use as defined herein this Article II of this chapter.
Any area not defined as impervious area. Equivalent of the most recent version of Chapter 460 relating to stormwater management.
See "religious worship, place of space" equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. (A building or portion thereof intended for the performance of religious services.) For purposes of this chapter, "places of worship" also include all buildings, structures, and uses customarily associated with such principal use including, but not limited to, rectories, convents, schools, day-care facilities, meeting and food service facilities, cemeteries, columbariums, mausoleums, etc. Includes synagogue, temple, mosque, or other such place for worship and religious activities.
An establishment primarily engaged in retailing nursery and
garden products (e.g., trees, shrubs, plants, seeds, bulbs, mulch,
and sod) that are predominantly grown off the premises, but such an
establishment may sell a limited amount of a product grown on the
premises.
Equivalent § 107 of the most recent version of
the MPC.[32] (The map or plan of a subdivision or land development,
whether preliminary or final.)
A man-made body of inland water made by construction of a
dam or embankment, or by excavating a pit or dugout, other than a
stream or lake.
A roofed (covered) open area, other than a stoop, providing
shelter and shade, attached to or part of and with direct access to
or from a building, which creates space for a sociable transition
from the public sidewalk/street or adjacent property, to the building
to which it is attached.
An establishment operated by the U.S. Postal Service, where
mail is received, sorted, and delivered, and where stamps and other
postal materials are sold.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition, or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Not publicly owned, operated, or controlled.
A function that involves only the cleaning, sorting, sizing,
packaging or any combination thereof, of products.
Equivalent § 107 of the most recent version of
the MPC.[33] (Includes:
Equivalent § 107 of the most recent version of
the MPC.[34] (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 Act.)
Owned, operated or controlled by a government agency (e.g.,
federal, state, county, and local), including its authorized agent
or corporation created by law for the performance of certain specialized
governmental functions or any public school district.
Equivalent § 107 of the most recent version of
the MPC.[36] (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.)
A street ordained or maintained or dedicated and accepted
by a borough, city, township, county, state, or federal governments
and open to public use.
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
An establishment involving the erection, construction, alteration,
operation or maintenance of buildings, power plants, towers, substations,
water treatment plants, sewage treatment and/or disposal plants, public
transportation and road maintenance facilities, and other similar
public service structures by a utility, whether publicly or privately
owned, or by government agency other than the Borough of Lemoyne,
its authorities or authorized agents, including the furnishing of
electrical, gas, communication, water supply and sewage disposal services.
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including but not limited
to:
Sports (e.g., individual, dual, team, coed recreational, and
combative), athletics; both land- and water-based.
Arts and crafts, spectating, picnicking, nature study, and board
games.
Dance, drama, music, games, social recreation, special events,
hiking/walking, cycling, hobbies, outdoor educational activities,
and cultural activities.
Any area developed in such a manner as to be conducive to
those activities that fall within the range of active recreation.
Examples: athletic fields and hard-surfaced courts, pools, large dams,
bicycle and walking trails, open turf areas, and apparatus areas.
Any area developed in such a manner as to be conducive of
those activities that fall within the range of passive recreation.
Examples: scenic vistas, natural areas, craft areas, meeting areas,
sitting areas, walkways, sunbathing, gardens, streams and impoundments,
social events, picnicking, and spectating areas.
Leisure-time activities, usually of a formal nature and often
performed with others, requiring equipment and taking place at prescribed
places, sites, or fields.
The area of land suitable for the development of specific
active recreation facilities for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, including
but not limited to baseball fields, soccer fields, football fields,
tennis, basketball and other court games, hockey facilities, multipurpose
fields and community swimming pools.
Activities that involve relatively inactive or less energetic
activities (e.g., walking, sitting, picnicking, card games, checkers,
and similar table games).
A motor vehicle that is self-propelled or towed and that
is designed to be transported along public streets to serve as a mobile
temporary residence. For the purposes of this chapter, the term shall
also include towable utility and cargo trailers.
CLASS I RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, RVs boats and trailers used solely for the transport of residents' recreational vehicle(s) that possess less than or equal to 200 square feet, as measured to the vehicle's outermost edges, and does not exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
CLASS II RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, boats and trailers used solely for the transport of residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or that exceeds a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.
An establishment where common household- or office-related
waste materials and items which are readily recyclable (e.g., glass,
aluminum, cardboard, and/or paper) is deposited and temporarily stored,
at a location other than the site where it was generated, and which
facilitates the bulk transfer of accumulated recyclables to a facility
for further processing.
Public and/or private investment made to re-create the fabric
of an area or neighborhood by renovating previously developed land.
Replacing, remodeling, or reusing existing buildings and structures
to accommodate new development within the context of existing streets.
The replacement of existing wireless communications facilities
on an existing wireless support structure or within an existing equipment
compound due to maintenance, repair or technological advancement with
equipment composed of the same wind loading and structural loading
that is substantially similar in size, weight and height as the wireless
communications facilities initially installed and that does not substantially
change the physical dimensions of the existing wireless support structure.
[Amended 7-18-2019 by Ord. No. 759]
Any establishment which carries on investigations, testing,
and experimentation in the natural, physical, technical, or social
science or engineering and development as an extension of such investigation
with the objective of creating end products.
An establishment that provides food and drink to patrons
and that routinely involves the consumption of at least a portion
of such food and drink on the premises. A restaurant may include the
accessory sale of alcoholic beverages, and carry-out and delivery
services.
An establishment which sells goods or merchandise to the general public for personal and household consumption and provides accessory repair services for goods or merchandise that is similar to that which is sold on the premises and renders services incidental to the sale of such goods. Retail businesses shall not be construed to be a sexually oriented business as defined herein this Article II of this chapter.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials,
or in combination, erected between lands of different elevations to
protect structures and/or prevent erosion.
A planned development designed to meet the needs of, and
exclusively for, the residence of senior citizens.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, street, crosswalk, railroad, electric transmission lines,
oil or gas pipeline, water line, sanitary, storm sewer, and other
similar uses, whether public or private.
A facility or use which by its nature is required to be on
or adjacent to a river.
See "street."
An accessory structure which primarily involves the retail
sale of agricultural and/or garden products (e.g., fresh fruits, vegetables,
herbs, flowers or plants) produced on site or on property contiguous
to the property on which they are offered for sale.
See Figure 550-2-16, Typical Roof Pitch Example, and Figure
550-2-17, Typical Roof Pitch Examples.
|
Example below shows the pitch of 7/12 meaning that for 12 inches
of horizontal measurement (roof run) the vertical measurement (roof
rise) is seven inches.
|
|
Figure 550-2-16 Typical Roof Pitch Example
(Source: http://www.pole-barn.info/roof-pitch.html, 2011)
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|
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Figure 550-2-17 Typical Roof Pitch/Slope Example
(Source: http://www.pole-barn.info/roof-pitch.html, 2011)
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A concave, parabolic or dish-shaped antenna, or any other
apparatus or device that is designed for the purpose of receiving
electromagnetic, digital, or other type of signal, including video-programming
signals from direct broadcast satellites (DBS), multichannel multipoint
distribution (wireless cable) providers (MMDS), and television broadcast
stations (TVBS).
An establishment offering education or instruction in any
branch of knowledge.
Any school conducted for profit for such instruction as business,
art, drama, music, handicraft, dancing, and other similar type low-impact
uses conducted within a completely enclosed building.
Any public, sectarian, or private nonprofit establishment
approved by the Commonwealth of Pennsylvania offering formal academic
instruction and services for state-required or largely state-funded
programs at the kindergarten, elementary, and secondary levels. This
term shall not include those uses considered commercial schools.
Same as a public or private school, except that the primary
activity is training in a trade or vocation, which may be conducted
wholly or partially outside of an enclosed structure. This term shall
not include those uses considered commercial schools.
A vegetative material of sufficient height and density to
conceal from view, uses and/or structures on the premises on which
the screen planting is located, from occupants on abutting or adjacent
properties.
A barrier between adjacent properties, uses, and/or zoning
districts composed of a mixture of landscaping, trees, berms, shrubs,
fences, walls and/or other similar type materials, that is intended
to mitigate negative impacts (e.g., visual, noise, airborne, etc.)
of the more intense/dense use and/or zoning district on the less intense/dense
use and/or zoning district.
Equivalent of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement.
The required horizontal distance between a required setback
line and an abutting lot line or street right-of-way line, as applicable.
SETBACK, FRONTThe distance between the street right-of-way line and the required front setback line. Corner lots shall have two front setbacks. See Figure 550-2-18, Typical Setbacks and Yards, Interior Lots, and Figure 550-2-19, Typical Setbacks and Yards, Corner Lots.
SETBACK, REARThe distance between the rear lot line and the required rear setback line. Corner lots shall have one rear setback. See Figure 550-2-18, Typical Setbacks and Yards, Interior Lots, and Figure 550-2-19, Typical Setbacks and Yards, Corner Lots.
SETBACK, SIDEThe distance between the side lot line and the required side setback line. Corner lots shall have one side setback. See Figure 550-2-18, Typical Setbacks and Yards, Interior Lots, and Figure 550-2-19, Typical Setbacks and Yards, Corner Lots.
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Figure 550-2-18 Typical Setbacks and Yards, Interior Lots
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Figure 550-2-19 Typical Setbacks and Yards, Corner Lots
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The line within a property that shall define the required
distance between a use, structure, and/or building and the abutting
right-of-way line, or front, rear, and side lot lines and that establishes
the area in which said use, structure, or building must be established,
erected, and/or placed. In the case of lot where a front and/or rear
lot line does not coincide with a recorded right-of-way (e.g., landlocked
lots, lots with substandard access easements, etc.), the setback line(s)
shall be measured from the applicable property line(s) closest to
the associated recorded right-of-way or ultimate right-of-way.
"Sexually oriented business" and/or related use terms and
phrases: Unless specifically defined elsewhere herein or in the Code
of the Borough of Lemoyne, the following words and phrases when used
in this chapter relating to the "sexually oriented businesses and/or
related uses" shall have the meaning given to them in the subsections
below unless the context clearly indicates otherwise:
ADULT CABARETAn establishment regularly featuring dancing and other live entertainment if the dancing or entertainment that constitutes the primary live entertainment is distinguished or characterized by an emphasis on exhibiting specific sexual activities or specified anatomical areas for observation by patrons therein.
ADULT MEDIAMagazines, books, videotapes, movies, slides, CD-ROMs, DVDs, or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hardcore material.
ADULT MEDIA STOREAn establishment that rents and/or sells media, and that meets any of the following three criteria:
Forty percent or more of the net retail floor area is devoted
to adult media.
Forty percent or more of the stock-in-trade consists of adult
media.
It advertises or holds itself out in any forum as "XXX," "adult,"
"sex" or otherwise as a sexually oriented business other than an adult
media store, adult motion picture theatre, or adult cabaret.
ADULT MOTION PICTURE THEATREAn establishment emphasizing or predominantly showing sexually oriented movies.
DISPLAY PUBLICLYThe act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal, unaided vision viewing it from a street, highway, minor access street, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.
EXPLICIT SEXUAL MATERIALAny hardcore material.
HARDCORE MATERIALMedia characterized by sexual activity that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.
LINGERIE MODELING STUDIOAn establishment that provides the services of live models modeling lingerie to individuals, couples, or small groups in a room smaller than 600 square feet.
MEDIAAnything printed or written or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes, but not limited to, books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, DVDs, other magnetic media and undeveloped pictures.
MEDIA SHOPA general term, identifying a category of business that may include sexually oriented material but that is not subject to the special provisions applicable to adult media stores. In that context, media shop means a retail outlet offering media for sale or rent, for consumption off-premises, provided that any outlet meeting the definition of adult media store shall be treated as an adult media store.
OTHER SEXUALLY ORIENTED ESTABLISHMENTAn establishment that offers its patrons, services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified anatomical areas or specified sexual activities.
PRIMARY LIVE ENTERTAINMENTOn-site entertainment by live entertainers that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.
SADOMASOCHISTIC PRACTICESFlagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one clothed or naked.
SEX SHOPAn establishment offering goods for sale or rent and that meets any of the following criteria:
SEXUALLY ORIENTED BUSINESSAn inclusive term used to describe collectively adult cabaret; adult media store; adult motion-picture theater; sex shop; and/or other sexually oriented establishment.
SEXUALLY ORIENTED TOYS AND NOVELTIESInstruments, devices, or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate human genital organs.
SPECIFIED ANATOMICAL AREASIncludes, but are not limited to:
SPECIFIED SEXUAL ACTIVITIESIncludes, but are not limited to:
VIDEO VIEWING BOOTH or ARCADE BOOTHAny booth, cubicle, stall, or compartment that is designed, constructed, or used to hold or seat patrons and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital, or other means or media, including, but not limited to, film, video or magnetic tape, laser disc, CD-ROM, DVD, books, magazines, or periodicals, for observation by patrons therein. A video viewing booth shall not mean theater, indoor commercial recreation, or a room or enclosure or portion thereof that contains more than 600 square feet.
An enclosed structure not intended for residential occupancy
which is accessory to the principal use of the property and is typically
used to store personal and household property.
A mixed-use development with any combination of business,
nonresidential establishments, and other related establishments that
are permitted within the applicable zoning district, in a single building
or in separate buildings that are planned, constructed and managed
as a total entity. All general shopping centers shall be located in
a complex that is planned, designed, developed, owned or managed as
a single unit with internal vehicle circulation (public or private),
off-street parking and loading provided on the property. Provisions
for goods delivery separated from customer access, pedestrian access,
aesthetic considerations and protection from the elements and landscaping
and signage in accordance with an approved land development plan complying
with Township ordinances.
A mixed-use development with any combination of business,
nonresidential establishments, and upper-floor accessory residential
uses that are permitted within the applicable zoning district, in
a single building or in separate adjacent buildings that are planned,
constructed and managed as a total entity. All town shopping centers
shall be located within a single building or in a complex that is
planned, designed, developed, owned or managed as a single unit. Provisions
shall be made for coordinated goods delivery, pedestrian access, aesthetic
considerations, landscaping and signage.
A paved, surfaced, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
That portion of the right-of-way that lies between the edge
of the right-of-way line and curbline, regardless of whether the sidewalk
exists.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
"Sign" terms and phrases:
Unless specifically defined elsewhere herein this chapter, the following words and phrases when used in Article VIII of this chapter relating to exterior signs and outdoor display structures shall have the meaning given to them herein this subsection below unless the context clearly indicates otherwise:
ABANDONED SIGNA sign shall be deemed abandoned if it has remained without bona fide advertising for a period of six months, or which is without a current lease or permission of the landowner, or which advertises a business, service or event which has been out of existence for a period of at least three months.
ADVERTISING SIGNA sign intended for the posting or otherwise display of information inviting attention to any product, service or cause located on or off the lot or premises on which the sign is situated. Includes signs listing product/service pricing, and words such as sale, special, grand opening, etc. Definition is intended to distinguish advertising signs from business identification signs.
AWNING SIGNA sign that is part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, or window.
BANNER, FLAG OR PENNANTA sign with its copy on a nonrigid material including, but not necessarily limited to, cloth, plastic, fabric, or paper intended to be easily hung and removed. Banners are, by their nature, considered to be temporary signs. Advertising materials marketed under the names "flying banner," "teardrop banner," "feather banner," "wing banner, "sail banner," or other pole- or bar-mounted devices of similar construction, shall be considered banners for the purpose of this article.
BILLBOARDSee "off-premises sign."
BUSINESS DIRECTORY SIGNA sign giving multiple names, logos, or trademarks, and/or addresses of a building at a plaza, shopping center, office or commercial building housing more than one business on the premises where it is located.
BUSINESS IDENTIFICATION SIGNA sign giving the name, logo, or trademark, and/or address of a building, business development, or establishment on the premises where it is located.
CONSTRUCTION/DEVELOPMENT SIGNA type of temporary sign intended to display the name of a project and/or the contractor, architect, engineer, financier, or similar information pertaining to the project.
DIRECTIONAL SIGNAn informational sign indicating direction, entry, exit, loading or service areas, fire lanes, parking and other information incidental to the primary use and not itself advertising that use.
ELECTRONIC MESSAGE CENTERA variable message sign with a fixed or changing message display through electronic means. These signs include incandescent lamp displays, light-emitting diode (LED), or liquid crystal display (LCD).
FLASHING, BEACON, STROBE, OR MOVING SIGNA sign with any visible moving or rotating parts, flashing or intermittent illumination or color changes caused by electrical, mechanical or other means. Electronic message centers with changing copy, time-temperature signs, and search lights are included in this definition. Any sign that has intermittent or changing lighting or illumination of a duration less than eight seconds shall be considered a flashing sign.
FREESTANDING SIGNA sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or structure. The height of a freestanding sign shall be measured from the proposed finished grade to the highest point of the sign structure.
FRONTAGEFor purposes of determining the allowable area of signs, "frontage" represents the property boundary adjoining a parcel to a public street, or the length of the building facing said street, depending on the context. Where a commercial or industrial parking lot separates two adjacent parcels and provides an accessible throughway between two public streets or minor access streets, the associated side lot line or building face may be treated as frontage in determining the allowable area of signs.
GATEWAY SIGNA sign designed to welcome travelers as they enter into Lemoyne Borough, which may also advertise a business located on the lot where the sign is located, a business located on an adjacent lot within Lemoyne Borough, or a business located on a lot within Lemoyne Borough, separated by not more than one other lot and one street right-of-way, which may display informational messages. The sign must consist of a ground sign, which may include an electronic message center. The sign also must include a "Welcome to Lemoyne" message on the portion of the sign not devoted to advertising any business. A gateway sign shall not constitute an off-premises sign or billboard.
GROUND SIGNA sign, other than a freestanding sign, placed directly and permanently on the ground over its entire length, independent from any building or structure.
HOME OCCUPATION SIGNA sign that identifies a home occupation being conducted upon the premises upon which it is located and that is a permitted use of those premises.
ILLUMINATED SIGNA sign that has characters, letters, figures, designs, or outlines illuminated by direct or indirect electric lighting or containing luminous tubes as part of the sign.
INFLATABLE SIGNAny display capable of being expanded by air or other gas and used on a temporary basis to advertise a product or event.
MARQUEEA permanent, roof-like structure, supported by a wall of a building, but having no relationship to the roof structure, generally designed and constructed for protection against weather.
MARQUEE SIGNA sign attached to a marquee for the purpose of identifying a movie theater or similar place of entertainment.
MULTI-FACED SIGNA sign that displays a message, information, or advertising on multiple faces of the sign.
OFFICIAL TRAFFIC SIGNA sign erected or permitted by the Commonwealth of Pennsylvania Department of Transportation or the Borough of Lemoyne which is designed to regulate traffic, describe road conditions, supply directions, or provide information.
OFF-PREMISES SIGNA sign that directs attention to a person, business, profession, product, or activity not conducted on the same premises as the sign.
POLITICAL CAMPAIGN SIGNAny temporary sign pertaining to political views, issues, an individual candidate or slate of candidates seeking election or appointment to a public office, a political party, or a forthcoming public election or referendum.
PORTABLE SIGNAny type of sign, sidewalk sign, with or without display or legend, that is self-supporting without being firmly embedded in the ground, or is fixed on a movable stand or mounted on wheels or movable vehicles, or made easily movable in some other manner. Portable signs shall also include searchlight stands and hot air or gas-filled balloons tethered to the ground and used for advertising purposes.
PROJECTING SIGNA sign affixed to a wall or other vertical building surface in such a manner that its leading edge extends more than eight inches beyond the surface of such wall or building. Decorative mansard (or pent roof) signs shall be considered as wall signs.
REAL ESTATE SIGNA sign pertaining to the sale, lease, or rental of the property on which it is located.
ROOF SIGNA sign erected or maintained in whole or in part, upon, against, or directly above the parapet line or roof of the building.
SIGNAny permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other surface that displays or includes any letter, word, insignia, or representation used as or that is in the nature of an advertisement, announcement, visual communication, direction, or that is designed to attract the eye or bring the subject to the attention of the public.
SPECIAL SALE SIGNSigns advertising opportunities of limited duration. Examples include, but are not limited to, "sale," "grand opening," promotional pricing, "going out of business," "liquidation," or similar nature.
TEMPORARY SIGNA sign intended for short-term use, such as promotional signs, including signs pertaining to special business or community events, political signs, real estate signs, service signs, construction signs, and directional signs to special or temporary events, and signs of a similar nature. Temporary signs are intended to be removed after the temporary purpose has been served.
WALL SIGNA sign parallel to a wall or other vertical building surface and attached directly to an exterior surface, or depending on the building for support, having one face visible. Includes signs painted directly on the wall. Wall signs shall not extend beyond the edge of any wall or other surface to which they are mounted and shall project no more than eight inches from its surface; otherwise, they shall be defined as a projecting sign. However, decorative mansard (or pent roof) signs shall also be considered as wall signs.
WINDOW SIGNAny sign that is oriented to the public right-of-way and is located on the inside or outside of a window. A permanent window sign is one that is etched, painted, or otherwise permanently affixed to the window. Neon signs or logo images that are mounted or suspended in windows shall be considered to be permanent window signs. Temporary window signs shall be considered to include posters, placards, static decals, or similar removable media, which are erected on the outside of a window or inside so as to be directly visible through the window pane.
A parcel of land located in a municipality, established by
a plat or otherwise as permitted by law, which is the subject of an
application for development. A site may include more than one lot.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel and depicts details of a proposed
development.
Professionally supervised nursing care and related medical
and other health services provided for a period exceeding 24 hours
to an individual not in need of hospitalization, but whose needs are
above the level of room and board and can only be met in a long-term-care
nursing facility or an inpatient basis because of age, illness, disease,
injury, convalescence or physical or mental infirmity.
The face of an embankment or cut section; any ground whose
surface makes an angle with the plane of the horizon. Slopes are usually
expressed by a percentage based upon vertical difference in feet per
100 feet of horizontal distance.
The equipment and network components, including antennas,
transmitters and receivers, used by a wireless provider that meet
the following qualifications:
[Added 7-18-2019 by Ord. No. 759; amended 8-18-2022 by Ord. No. 774]
Each antenna associated with the
deployment is no more than three cubic feet in volume; and
The volume of all other equipment
associated with the wireless communications facility, whether ground-mounted
or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment
used solely for the concealment of the small wireless communications
facility shall not be included in the calculation of equipment volume.
An alternative energy system which includes any solar collector
consisting of one or more cell(s), panel(s), or array(s) designed
to collect and convert solar power into another form of energy (e.g.,
electricity or heat) and other structures and buildings, used in the
conversion, storage, and distribution including electrical infrastructure,
transmission lines, and other appurtenant structures and facilities.
An establishment 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 an automobile wrecking, junk, and
scrap storage and sales establishment; leaf composting; clean fill
or septage or sludge application.
A paved surface designed to accommodate a motor vehicle waiting
for entry to any drive-in facility or other similar auto-oriented
use, which is located in such a way that a parking space or access
to a parking space is not obstructed.
Camouflaging methods applied to wireless communications facilities
and accessory equipment which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 7-18-2019 by Ord. No. 759]
A roofed (covered) or unroofed (uncovered) open area, other
than a porch, constructed of concrete or masonry, providing direct
access to and from a building.
Equivalent § 202 of the most recent version of the IBC as part the most recent version of Chapter 200 relating to code enforcement. [That portion of a building included between the surface of a floor and the upper surface of the floor or roof next above (also see "basement," "mezzanine" and § 502.1 of the IBC). It is measured as the vertical distance from top to top of two successive tier of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or where there is not a ceiling, to the top of the roof rafters.]
A watercourse, other than a lake or pond, having a source,
terminus, banks, and channel through which waters flow at least periodically.
A stream carrying water during the wet seasons.
A stream that is present during all seasons of the year.
Equivalent § 107 of the most recent version of
the MPC.[38] (Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.)
Streets shall conform to one of the following categories:
ARTERIALSee Chapter 480 relating to subdivision and land development. For purposes of this chapter, the following streets listed in Table 550-2-1, Arterial Streets, shall be considered arterial streets:
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Table 550-2-1
Arterial Streets
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Arterial Street Name
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Route No.
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American Ex-POW Memorial Highway
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SR 0083
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Third Street
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SR 2035
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Bridge Street
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SR 2035
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Hummel Ave
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SR 2016
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Market Street
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SR 1010
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Veterans of Foreign Wars of U.S. Memorial Highway
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SR 0083
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Walnut Street
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SR 0011/SR 0015
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COLLECTORSee Chapter 480 relating to subdivision and land development. For purposes of this chapter, the following streets listed in Table 550-2-2, Collector Streets, shall be considered collector streets:
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Table 550-2-2
Collector Streets
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Collector Street Name
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Route No.
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Cumberland Road
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N/A
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Erford Road
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N/A
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Indiana Avenue
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N/A
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Lowther Street
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SR 2028
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State Street
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SR 2014
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Twelfth Street
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N/A
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See Chapter 480 relating to subdivision and land development. For purposes of this chapter, the following streets listed in Table 550-2-3, Minor Access Streets, shall be considered minor access streets:
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Table 550-2-3
Minor Access Streets
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Minor Access Street Name
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Second Street
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Third Street (south of Pear Street)
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Fourth Street
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Sixth Street
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South Eighth Street (south of Pear Street)
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Apple Street
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Arnold Street
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Donald Avenue
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Elm Street
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Evergreen Street
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James Street
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Juniper Street
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Mulberry Street
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Oak Street
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Peach Street
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Pear Street
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Pine Street
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Poplar Street
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Shade Street
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Willow Street
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Minor access streets perform functions of streets also commonly
considered "alleys."
A line defining the edge of a street right-of-way and separating
the street from an abutting property or lot. The street line shall
be the same as the legal right-of-way line, or the ultimate right-of-way
line.
Equivalent § 107 of the most recent version of
the MPC.[39] (Any man-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.)
The vertical distance of a structure, other than a building,
measured from the average elevation of the finished grade surrounding
the structure to the highest point of the structure.
A structure customarily incidental and subordinate to and
detached from the principal structure on the same lot, the use of
which is customarily incidental to that of the principal structure
on the lot. An accessory structure shall exclude any vehicle as defined
by the Pennsylvania Motor Vehicle Code.[40]
The main, primary, or predominant structure on a given lot,
tract, or parcel.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
An individual registered for instruction at a school, within
a given calendar year.
Equivalent § 107 of the most recent version of
the MPC.[41] (The division or redivision of a lot, tract or parcel
of land by any means into two or more lots, tracts, parcels or other
divisions of land including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.)
A modification substantially changes the physical dimensions
of a support structure if it meets the criteria established by 47
CFR §1.6100.
[Added 7-18-2019 by Ord. No. 759; amended 8-18-2022 by Ord. No. 774]
Equivalent § 202 of the most recent version of
the IBC. [Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches (610 mm) deep. This includes
in-ground, aboveground and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.] For purposes of this chapter, ornamental ponds, stormwater
basins and/or lakes are not included, provided that swimming was not
the primary purpose for their construction. Furthermore, this definition
includes all aboveground and below-ground, permanent and temporary/portable
types of pools, spas and "Jacuzzis."
A licensed establishment whose principal business activity,
either in terms of operation or as advertised, is the practice of
one or more of the following:
Placing of designs, letters, figures, symbols or other marks
upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin;
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration; and as licensed to operate
as such by applicable entities.
An establishment which serves primarily alcoholic beverages
for mostly immediate on-premises consumption and which is licensed
by the Pennsylvania Liquor Control Board, but may also include the
incidental sale of food. Taverns and bars shall not be construed to
be a sexually oriented business and/or related use as defined herein.
By virtue of engineering or spectrum usage, the proposed
placement for a WCF or its design or site location can be implemented
without a material reduction in the functionality of the WCF.
[Added 8-18-2022 by Ord.
No. 774]
A level, landscaped, and/or surfaced area, also referred
to as a patio, directly adjacent to a principal building at or within
three feet of the finished grade and not covered by a permanent roof.
An establishment with a building or portion thereof devoted
to the showing of moving pictures or theatrical productions on a commercial
basis.
An establishment upon an open lot or part thereof, with its
appurtenant facilities, devoted primarily to the showing of moving
pictures or theatrical productions, on a paid admission basis, to
patrons seated in automobiles, or on outdoor seats.
Defined by the Massage Therapy Law, Act 118 of October 9,
2008, as amended, 63 P.S. § 627.1 et seq., from the Pennsylvania
State Board of Massage Therapy, the Bureau of Professional and Occupational
Affairs.
An establishment where massage therapy services are provided by a person having a valid license in accordance with the Massage Therapy Law, Act 118 of October 9, 2008, as amended, 63 P.S. § 627.1 et seq., from the Pennsylvania State Board of Massage Therapy, the Bureau of Professional and Occupational Affairs. Therapeutic massage establishments shall not be construed to be a sexually oriented business and/or related use as defined in this Article II of this chapter.
That part of forestry involving cutting down trees and removing
logs from the forest for the primary purpose of sale or commercial
processing into wood products. Includes tree harvesting and logging.
Any structure that is used for the primary purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, and the accompanying antenna
and accessory equipment.
[Added 7-18-2019 by Ord. No. 759; amended 8-18-2022 by Ord. No. 774]
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:
The distance measured from the highest point of the wind
turbine rotor plane to the ground level.
A zoning district or designated area or existing area in
which all utility installations are required to by installed underground
on a non-discriminatory basis.
[Added 8-18-2022 by Ord.
No. 774]
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building
or structure.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities,
whether administered by the municipality, a third party or the Pennsylvania
Department of Labor and Industry; applicable to residential and commercial
buildings, the code adopted the International Residential Code (IRC)
and the International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee simple ownership and leaseholds.
An educational establishment, authorized by the Commonwealth
of Pennsylvania as such to award associate, baccalaureate or higher
degrees, including principal uses for classrooms, libraries, auditoriums,
gymnasiums, stadiums, administrative offices, dormitories and dining
facilities, boardinghouses, maintenance and operating facilities as
well as ancillary uses (e.g., research facilities, retail services
and businesses) that support student, faculty and staff needs.
The specific purpose or activity for which land and/or structures
are designed, arranged, or intended, occupied, and/or maintained.
A use customarily incidental and subordinate to the principal
use or the principal structure and located on the same lot with such
principal use or principal structure. If no principal use or principal
structure exists on a lot with an accessory use, then such accessory
use shall only be considered a principal use.
The main, primary, or predominant use of any lot, tract,
parcel of land, or structure.
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
A line built and maintained in order to transport materials,
utilities or services by underground or aboveground means, including
gas, electric, oil, cable, water, sewage, telephone, fiber optic cables,
stormwater, computer lines, and other lines.
An area covered with a vegetative material including: grass,
shrubs, vines, trees, and other landscaping.
A qualified professional trained in the care and treatment
of animals.
An establishment used primarily for the treatment, by a veterinarian,
of small animals and household pets. No outdoor keeping or boarding
of animals is permitted.
Any freestanding and uninhabitable structure principally
constructed of masonry, concrete, stone, cinder block or similar materials
either, singularly, or in combination to provide screening or divide
one property from another property or public street right-of-way;
enclosing an area; helping assure privacy or protection; and/or to
define or mark the property or lot line(s).
An establishment used primarily for the indoor storage and
handling of products, supplies, or equipment, but not including the
maintenance or fueling of commercial vehicles.
An establishment involving the storage, wholesale and/or
distribution of manufactured products, supplies and equipment, but
excluding bulk storage of materials that are flammable or explosive
or that create a hazard or commonly recognized offensive condition,
and also excluding any heavy equipment or truck washing, servicing
and/or repair, unless such uses are specifically permitted in that
zoning district. Wholesaling of products, supplies and equipment shall
not be open to or accessible by the general public, unless incidental
to the principal warehousing operation.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et. seq.).
Equivalent to the most recent version of Chapter 460 relating to stormwater management. (Those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, and similar areas.)
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
A wind energy system direct-current generator used for charging
storage batteries.
A wind energy system that supplies energy primarily for off-site/off-premises
use.
A device (e.g., wind charger, wind turbine, or other electric
generation facility) designed to convert wind power into another form
of energy (e.g., electricity or heat), and which consists of one or
more wind turbines and other structures and buildings, including meteorological
towers, electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
A device that converts wind energy into electricity through
the use of a wind turbine generator, and includes the nacelle, rotor,
tower and pad transformer, if any.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
A device that runs on the energy generated by a wheel of
adjustable blades or slats rotated by the wind.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services. Wireless communications facilities
shall include distributed antenna systems.
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that could
support the placement or installation of a wireless communications
facility if approved by the Borough.
An unoccupied and unobstructed open space of land between
the building line of permitted structures and the adjoining lot line.
The yard area extending across the full width of the lot
and contained between the building line of the principal structure
and the front lot line or street line (excluding minor access streets),
measured perpendicular to the building line of said structure at the
closest point to the front lot line. Corner lots shall have two front
yards. See Figure 550-2-18, Typical Setbacks and Yards, Interior Lots,
and Figure 550-2-19, Typical Setbacks and Yards, Corner Lots.
The yard area extending across the full width of the lot
and contained between the building line of the principal structure
and the rear lot line, which may include street lines created by minor
access streets, measured perpendicular to the building line of said
structure at the closest point to her rear lot line. Corner lots shall
have one rear yard, extending from the applicable front yard to the
side lot line as well as from the rear lot line to the side yard.
See Figure 550-2-18, Typical Setbacks and Yards, Interior Lots, and
Figure 550-2-19, Typical Setbacks and Yards, Corner Lots.
The yard area(s) extending from the front yard to the rear
yard and contained between the building line of the principal structure
and any side lot line(s), measured perpendicular to the building line
of said structure at the closest point to the nearest side lot line.
Corner lots shall have one side yard. See Figure 550-2-18, Typical
Setbacks and Yards, Interior Lots, and Figure 550-2-19, Typical Setbacks
and Yards, Corner Lots.
A section of the Lemoyne Borough designated in this chapter
text and delineated on the Zoning Map, in which requirements for the
use of land, structures, and development standards are prescribed.
The map setting forth the boundaries of the zoning districts
of Lemoyne Borough which shall be part of this chapter.
The administrative officer appointed by the Lemoyne Borough
Council to administer this chapter and issue zoning permits.
A document signed by a Zoning Officer, as required in this
chapter, as a condition precedent to the commencement of a use, or
the erection, construction, reconstruction, restoration, alteration,
conversion or installation of a structure, that acknowledges that
such use and/or structure complies with the provisions of this chapter
or authorized variance therefrom. See "building permit."
[1]
Editor's Note: See 53 P.S. § 10107.
[2]
Editor's Note: See 74 Pa.C.S.A. § 5101 et seq.
[3]
Editor’s Note: The former definition of “antenna
support structures,” which immediately followed, was repealed
7-18-2019 by Ord. No. 759.
[4]
Editor's Note: See 53 P.S. § 10107.
[5]
Editor's Note: See 53 P.S. § 10107.
[6]
Editor's Note: See 53 P.S. § 10107.
[7]
Editor's Note: Said Act was repealed 6-19-2001 by Act 22 of
2001, P.L. 287, No. 22. See now Municipality Authorities Act, 53 Pa.C.S.A.
§ 5601 et seq.
[8]
Editor's Note: See 53 P.S. § 10107.
[9]
Editor’s Note: The former definitions of "communications
antenna," "communications equipment building," and "communications
tower," which immediately followed, were repealed 7-18-2019 by Ord.
No. 759.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: See 53 P.S. § 10107.
[12]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[13]
Editor's Note: See 53 P.S. § 10107.
[14]
Editor's Note: See 53 P.S. § 10107.
[15]
Editor's Note: The former definition of "distributed antenna
system (DAS)," added 7-18-2019 by Ord. No. 759, which immediately followed, was repealed 8-18-2022 by Ord. No. 774.
[16]
Editor's Note: See 53 P.S. § 10107.
[17]
Editor's Note: See 53 P.S. § 10107.
[18]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[19]
Editor's Note: See 53 P.S. § 10107.
[20]
Editor's Note: See 53 P.S. § 10503.
[21]
Editor's Note: See 53 P.S. § 10107.
[22]
Editor's Note: See 53 P.S. § 10107.
[23]
Editor's Note: See 53 P.S. § 10107.
[24]
Editor's Note: See 53 P.S. § 10107.
[25]
Editor's Note: See 53 P.S. § 10107.
[26]
Editor's Note: The former definition of "monopole," added 7-18-2019 by Ord. No. 759, which immediately followed, was repealed 8-18-2022 by Ord. No. 774.
[27]
Editor's Note: See 53 P.S. § 10101 et seq.
[28]
Editor's Note: See 53 P.S. § 10107.
[29]
Editor's Note: See 53 P.S. § 10107.
[30]
Editor's Note: See 53 P.S. § 10107.
[31]
Editor's Note: See 53 P.S. § 10107.
[32]
Editor's Note: See 53 P.S. § 10107.
[33]
Editor's Note: See 53 P.S. § 10107.
[34]
Editor's Note: See 53 P.S. § 10107.
[35]
Editor's Note: See 53 P.S. § 10107.
[36]
Editor's Note: See 53 P.S. § 10107.
[37]
Editor's Note: See 53 P.S. § 10107.
[38]
Editor's Note: See 53 P.S. § 10107.
[39]
Editor's Note: See 53 P.S. § 10107.
[40]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[41]
Editor's Note: See 53 P.S. § 10107.
[42]
Editor's Note: See 53 P.S. § 10107.
