The following words are defined in order to facilitate the interpretation
of the Ordinance for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meaning herein indicated. Words
used in the present tense include the future tense. The singular includes
the plural. The word "person" includes an individual, a corporation,
a partnership, an incorporated association, or any other similar entity.
The terms "shall and will," "will" and "must" are always mandatory.
The words "should" or "may" are permissive. The word "used" or "occupied"
as applied to any land or building shall be construed to include the
words "intended, arranged or designed to be used or occupied." The
word "erected" shall be inclusive of the words "constructed, altered
or moved."
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property of another owner nor of resuming the use of
the property.
Buildings which physically touch. Areas of contiguous lots
that share a common lot line, not including lots entirely separated
by a street, public alley open to traffic, or a perennial waterway.
Private drives which provide vehicular movement between a
street and a tract of land containing any use other than a single-family
dwelling unit or a farm.
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A subordinate building or a portion of the main building
on a lot which serves primarily as a child-care center, as defined
herein, and is accessory to a house of worship, a place of employment
or a public or nonpublic school. A state-licensed and/or registered
facility in which care is provided or is intended to be provided for
six or more children in accordance with the definition of "child-care
center" herein.
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar equipment.
An area of land or other area used for a solar collection
system used to capture solar energy, convert it to electrical energy
or thermal power and supply electrical or thermal power primarily
for on-site use. An accessory solar energy system consists of one
or more freestanding ground or roof-mounted solar arrays or modules,
or-solar related equipment and is intended to primarily reduce on-site
consumption of utility power or fuels.
A structure subordinate to and detached from the main building
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.
A use customarily incidental and subordinate to the principal
use or the main building and located on the same lot with such principal
use or main building.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
Any construction which increases the size of a building,
such as a porch, attached garage or carport, or a new room or wing.
A lot or parcel of land which shares all or part of a common
lot line with another lot or parcel of land. (See "abut or abutting.")
Establishment which offers for sale, for rent, for lease,
for review on the premises or for loan, pictures, photographs, drawings,
sculptures, motion-picture film, or similar visual representation
of sexual conduct or sexual excitement, or books, pamphlets, magazines,
printed matter or sound recordings containing explicit and detailed
descriptions or narrative accounts of sexual conduct or sexual excitement,
or which offers for sale devices, equipment, stimulants or other materials
for use in sexual conduct or sexual excitement.
An establishment, club, restaurant, theater or hall which
features topless dancers, exotic dancers, strippers, male or female
impersonators or similar entertainers exhibiting "specified anatomical
areas" (see definition) or "specified sexual activities" (see definition)
for observation by patrons therein.
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimer's disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. 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.
See "adult bookstore" and "adult cabaret."
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
aquacultural 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
in by farmers or are consistent with technological development within
the agricultural industry.
The use of land which shall include, but not be limited to,
the tilling of the soil, the raising of crops, horticulture, apiculture,
floriculture, viticulture and gardening. The production, keeping or
maintenance for sale, lease or personal use of plants and animals
useful to man, including, but not limited to: forages and sod crops;
grains and seed crops; dairy animals and dairy products, poultry and
poultry products: livestock, including beef cattle, sheep, swine horses
ponies, mules, or goats, or any mutations or hybrids thereof, including
the breeding and grazing of any or all of such animals: bees and apiary
products; fur animals; trees and forest products: fruits of all kinds,
including grapes, nuts and berries; vegetables; nursery, floral, ornamental
and greenhouse products; or lands devoted to a soil conservation or
forestry management program. (See "horticulture.")
A place where aircraft can land and take off, usually equipped
with hangers, facilities for refueling and repair and various accommodations
for passengers.
The traveled way by which cars enter and depart parking spaces.
A public or private right-of-way other than a side street
which affords only a secondary means of access to abutting property
and not intended for general traffic circulation.
Any change or rearrangement in the supporting members of
an existing building, such as bearing walls, columns, beams, girders,
or interior partitions, as well as any change in doors, windows, means
of ingress or egress, or any enlargement to or diminution of a building
or structure, whether horizontally or vertically, or the moving of
a building or structure from one location to another.
A change in use in any district or change in zoning district
which includes revisions to the zoning text and/or the Official Zoning
Map.
An establishment which has as its principal business offering
to patrons mechanical or electrical amusement devices or games such
as pinball machines, ping pong, darts, shooting galleries or similar
devices and games.
An outdoor facility, which may include structures and buildings,
where there are various devices for entertainment, including rides,
booths for the conduct of games or sale of items, and buildings for
shows and entertainment.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services. An antenna shall not include
private-residence-mounted satellite dishes or television antennae
or amateur radio equipment, including, without limitation, ham or
citizen band radio antennae.
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (other than a satellite dish
antenna which is treated separately) or for transmitting short-wave
or citizens band radio frequencies. This shall include antennae 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.
Any structure, mast, pole, tripod or tower, including any
guy wires and braces utilized for the purpose of supporting an antenna
or antennas.
One or more rooms with private bath and kitchen facilities
constituting an independent, self-contained dwelling unit.
A multifamily dwelling constructed by converting an existing
dwelling into apartments for two or more families without substantially
altering the exterior of the building.
A landowner or developer (as herein defined) who has filed
an application for development, including his personal representatives,
heirs, successors and assigns.
Every application, whether preliminary 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
or for the approval of a subdivision plat or plan or for approval
of a land development plan.
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.
A strip of land which is planted and maintained in shrubs,
bushes, trees, grass or other landscaping material and within which
no structure is permitted except a wall or fence.
The total of area, in square feet, of all floors, excluding
the basement, of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
The total lot area, including public right-of-way.
See "lot area."
The total lot area, less public right-of-way.
Coordinated and centrally managed housing, including self-contained
units designed to provide a supportive environment and to accommodate
a relatively independent lifestyle. Such a development may contain
a limited number of supportive services, such as meals, transportation,
housekeeping, linen and organized social activities for residents
and their invited guests. Such a use shall primarily serve persons
55 and older, persons with physical handicaps and/or the developmentally
disabled. Assisted living facilities shall be licensed as personal
care centers by the Commonwealth of Pennsylvania.
That part of a building which is wholly or partly within
the roof framing.
A body politic and corporate created pursuant to Act 22 of
June 19, 2001 (P.L. 287, No. 22), the Municipal Authorities Act, 53
Pa.C.S.A. § 5601 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
See "vehicle body shop."
An area, other than a street, used for the outdoor or indoor
display, sale or rental of two or more of the following in operable
condition: motor vehicles, recreation vehicles, boat trailers, farm
machinery, motorcycles, trucks, utility trailers, construction vehicles,
boats, or transportable mobile/manufactured homes in a livable condition.
This use may include an auto repair garage as an accessory use provided
that all requirements of such use are complied with. This use shall
not include a mobile/manufactured home park (unless the requirements
for that use are also met) or a junkyard.
A structure containing facilities for washing automobiles
using a chain conveyor or other method of moving the cars along, and
automatic or semiautomatic application of cleaner, brushes, rinse
water and heat for drying. See also "car wash."
An area where repairs, improvements and installation of parts
and accessories for motor vehicles and/or boats are conducted that
involve work that is more intense in character than work permitted
under the definition of "automobile service station." An automobile
repair garage shall include, but not be limited to, a use that involves
any of the following work: major mechanical or body work, straightening
of body parts, painting, welding or rebuilding or transmissions. Any
use permitted as part of an "automobile service station" is also permitted
as part of an "automobile repair garage."
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sales of vehicular fuels; servicing
and repair of automobiles; and including as an accessory use the sale
and installation of lubricants, tires, batteries, and similar vehicle
accessories.
A roof-like cover that is temporary or permanent in nature
and that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and can be periodically retracted
onto the face of a building.
The elevation above sea level, based on the vertical datum
in the current flood Insurance Rate Maps for (municipality) of the
one-hundred-year flood.
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this chapter or
any equipment associated with a tower.
The term includes, but is not limited to, equipment associated
with wireless communications services such as private, broadcast,
and public safety services, as well as unlicensed wireless services
and fixed wireless services such as microwave backhaul.
The term includes, but is not limited to, radio transceivers,
antennas, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration
(including distributed antenna systems and small-cell networks).
The term includes any structure other than a tower that, at the time the relevant application is filed with the Borough under this subpart, supports or houses equipment described in Subsections A and B of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.
Any area of the building having its floor below ground level
on all sides.
An owner-occupied residence where not more than five guest
rooms are rented to not more than 10 overnight guests on a daily basis
for periods not exceeding one week.
A mound of soil, either natural or man-made, used to obstruct
views.
See "sign."
An area bounded by streets, railroad rights-of-way, waterways
and other definite barriers.
A residential use in which: a) room(s) that do not meet the
definition of a lawful dwelling unit are rented for habitation, or
b) a dwelling unit includes greater than the permitted maximum number
of unrelated persons. A boardinghouse shall not include a use that
meets the definition of dormitory, motel, life care center, personal
care center, bed-and-breakfast inn, group home or nursing home. A
college fraternity or sorority house used as a residence shall be
considered a type of boardinghouse. A boardinghouse may either involve
or not involve the providing of meals to residents, but shall not
include a restaurant open to the pubic unless the use also meets the
requirements for a restaurant. A boardinghouse shall primarily serve
persons residing on site for five or more consecutive days.
A structure designed for the feeding, housing and exercising
of horses not owned by the owner of the premises, and for which the
owner of the premises receives compensation.
See "area, buffer."
An open area whose dimensions normally exceed the normal
building setback or yard requirements used to protect low-density
uses and zoning districts from adjacent higher-density uses and districts.
The area of lot remaining after the minimum yard and open
space requirements of the chapter have been met.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total gross lot area.
The vertical distance from the average finished grade, in
front of the building where the address is taken, to the top of the
highest roof beams on a flat or shed roof, the deck level on a mansard
roof, and the average distance between the eaves and the ridge level
for gable, hip, and gambrel roofs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An individual designated by the appointing authority to enforce
the provisions of the building code. Includes Code Enforcement Officer.
A line parallel to the front side or rear lot line set so
as to provide the required yard.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
The line within a property defining the required minimum
distance between any enclosed structure and the adjacent right-of-way,
and the line defining side and rear yards, where required.
See "nonconforming structure or building."
A building in which is conducted the primary use of the lot
on which it is located, and which is not an accessory building.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a "junkyard."
A small, roofed structure, usually having three walls, located
near a street and designed primarily for the protection and convenience
of bus passengers.
Those activities limited to the service and repair of furniture,
office equipment, medical supplies and equipment and commercial appliances;
the supply and servicing of vending machines; frozen food lockers;
the painting and assembly of signs; printing, copy and photocopying
services; arts, crafts, drafting and stationary supplies; food catering;
interior decorating; taxidermy; upholstering and personal dry cleaning
services. Uses which shall not be interpreted to be business service
establishments are retail shops and stores; gasoline and motor vehicle
stations; vehicular sales, service and repair; mortuaries; warehouses
and distribution facilities; and contractor's offices.
The diameter of a tree trunk measured in inches six inches
above ground level for trees up to four inches in diameter and 12
inches above ground level for trees over four inches in diameter.
A state-permitted facility, through the Pennsylvania Department of Health, in which a portion of land is used for the purpose of providing a space for trailers or tents for camping purposes, regardless of whether a fee has been charged for the leasing, renting or occupancy of the space, in accordance with the Pennsylvania Code, Title 28, Chapter 19. The campground may be an organized camp which includes a combination of programs and facilities established for the primary purpose of providing an outdoor group living experience for children, youth and adults with social, recreational, and educational objectives and operated and used for five or more consecutive days during one or more seasons a year.
Any individual who occupies a campsite or otherwise assumes
charge of, or is placed in charge of, a campsite.
See "awning."
A building on a lot designed and used primarily for the washing
and polishing of automobiles and which may provide accessory services.
See also "automatic car wash."
The skill or work of making or fixing wooden objects or wooden
parts of buildings.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides, and accessory
to a main or accessory building.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than six and a half feet.
A parcel of land used as a burial ground for human or animal
remains.
The certificate issued by a duly authorized Borough officer
which permits the use of a building 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.
Any use that substantially differs from the previous use
of a building or land.
An establishment providing for the care, supervision, and
protection of children.
A structure containing one or more flues for drawing off
emissions from stationary sources of combustion.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
An area of unobstructed vision at street intersections defined
by the center lines of the streets and by a line of sight between
points on their center lines at a given distance from the intersection
of the center lines. Within this clear-sight triangle, nothing is
to be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct the sight distance of motorists entering or
leaving the intersection.
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An establishment where patients are admitted for examination
and treatment on an outpatient basis by one or more physicians, dentists,
other medical personnel, psychologists, or social workers and where
patients are not usually lodged overnight.
A building, structure, or part thereof, used to house an
organization catering exclusively to members and their guests, or
premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership or fund-raising of such club.
Clubs shall include, but not be limited to, service and political
organizations, labor unions, as well as social and athletic clubs.
This definition does not include "night clubs." The private clubs
or lodges, as defined, shall not be an adjunct to, operated by or
in connection with a tavern, cafe or other public place.
The administrative officer appointed by the Borough Council
to administer the Zoning Ordinance and issue zoning permits.
See "school."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The mounting or installation of transmission equipment on
an eligible support structure for the purpose of transmitting and/or
receiving radio frequency signals for communications purposes.
A structure in which plants, vegetables, flowers, and similar
materials are grown for sale.
Any motor vehicle licensed by the state as a commercial vehicle.
Pricing that is reasonably consistent with similar wireless
facility leases and agreements within a fifty-mile radius of the municipality.
The area in a subdivision or planned residential development,
including common open space, owned or leased and maintained by an
association or other combination of persons for the benefit of the
residents of the residential development and, if owned under the Pennsylvania
Unit Property Act,[1] including all common elements designated for the use of
all dwelling unit owners.
Includes:
The land on which a building is located and portions of the
building which are not included in a unit;
The foundations, structural parts, supports, main walls, roofs,
basements, halls, corridors, lobbies, stairways and entrances and
exits of a building;
The yards, parking area and driveways;
Portions of land and building used exclusively for the management,
operation or maintenance of the common elements;
Installations of all central services and utilities;
All other elements of a building necessary or convenient to
its existence, management, operation, maintenance and safety or normally
in common use; and
Such other facilities as are designated as "common elements."
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a "treatment center."
Any system, whether publicly or privately owned, for the
collection of sewage or industrial wastes of a liquid nature from
two or more lots and the treatment and/or disposal of the sewage or
industrial waste on one or more of the lots or at any other site,
and which shall comply with all applicable regulations of the Pennsylvania
Department of Environmental Protection.
A public or private utility system designated to transmit
potable water from a common source to multiple users. Such systems
shall be in compliance with the regulations of the Pennsylvania Department
of Environmental Protection, the Public Utilities Commission (PUC)
or the Township, whichever is more stringent.
The mixing of decomposing refuse matter for the purpose of
creating fertilizer material.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act of July 31, 1968,
P.L. 805, No. 247,[2] as amended and reenacted, consisting of maps, charts and
textual material, that constitutes decisions about the physical and
social development of a borough, city, or township, as amended from
time to time.
A use permitted (and approved by the Borough Council) in
a particular zoning district upon showing that such use in a specified
location will comply with all the conditions and standards for the
location or operation of the use as specified in the zoning ordinance.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a shared interest in the remainder of the real estate which
is designated for common ownership, and which is created under the
Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned Community
Act of 1996,[3] as amended.
The community association that owns, administers and maintains
the common property and common elements of a condominium.
A large building or group of buildings that is designed to
hold a convention, retreat or meeting, where individuals and groups
gather to promote and share common interests. May include hotel, restaurant
and recreation facilities.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
Next to, abutting, or touching and having a boundary, or
portion thereof, that is coterminous. To physically touch or border
upon, or to share a common property line, but not overlap.
An age-restricted development 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 of any general contractor or builder in
which one or more persons are employed in the management, direction
or conducting of business and whose staff/employees serve clients
who seek advice and consultation regarding business. Equipment and
materials may not be stored, nor may a contractor perform shop or
assembly work at this establishment.
A tract of land where a dealer stores new and/or used material,
machinery, equipment and other supplies for use by builders, developers,
erectors, excavators and other artisans. Such material, machinery,
equipment and other supplies may be made available for wholesale or
retail purposes or rental programs.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant.
A street intersecting another street at one end terminating
at the other in a vehicular turnaround.
A stone, concrete, or other improved boundary usually marking
the edge of the roadway or paved area.
The opening along the curbline at which point vehicles may
enter or leave the roadway.
Any animal of the order carnivora that has a propensity to
attack, to cause injury to or to otherwise endanger the safety of
human beings without provocation, or that has been so declared after
three reports to the Pennsylvania Department of Agriculture, Dog Law
Enforcement Office.
These are utilized primarily by electric utility providers.
DCUs communicate with smart meters to obtain meter readings, restore
outages and improve operational control.
A use involving the supervised care of children under age
16 outside of the children's own home(s) primarily for periods of
less than 18 hours per child during the average day. This use may
also include educational programs that are supplementary to state-required
education, including nursery school or Head Start programs.
Plants that drop their leaves before becoming dormant in
winter.
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 governing
body 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.
The number of families, individuals, dwelling units, or housing
structures per gross acre of land.
Pennsylvania Department of Environmental Protection.
Any landowner, agent of such landowner or tenant with permission
of such landowner who makes or causes to be made a subdivision of
land or a land development.
Any man-made change to improved or unimproved real estate,
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; filling,
grading and excavation; mining; dredging; drilling operations; storage
of equipment or materials; and the subdivision of land.
The provisions for a planned development, including 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.
Network of spatially separated antenna sites connected to
a common source that provides wireless service within a geographic
area or structure.
An establishment engaged in the receipt, storage, and distribution
of goods, products, cargo, and materials, including transshipment
by boat, rail, air, or motor vehicle.
A building used as group living quarters for a student body
or religious order as an accessory use for a college, university,
boarding school, convent, monastery, or other similar institutional
use.
A private access for vehicles to park in a parking space,
garage, dwelling or other structure.
Any commercial business, including an eating establishment,
offering refreshments, entertainment or services to patrons who purchase
and/or consume such refreshments, entertainment or services on the
premises and/or outside of the building, including patrons who may
be served in their automobiles.
See "dwelling, single-family, semidetached."
A dust-free surface is an impervious surface including, but
not limited to, aggregate, such as dirt, stone, rock, shale or gravel,
which is adequately treated with a dust-free solution or adequately
maintained (in the case of grass and pavers) such that regular use
of said surface results in minimal dust disturbance or particulate
matter being placed in the air above or around said surface. Treatment
of a dust-free surface, such as rock, dirt, gravel, or other bituminous
matter, is required through proper application of approved and permitted
liquids. A surface should not be considered dust-free simply by adding
water or by treating the surface with any hazardous chemical, oil
or other residue which could in any way impact the health, safety
and welfare of any individual. Dust-free surfaces require a maintenance
plan to be approved by the Borough.
One or more rooms used for living and sleeping purposes and
having a kitchen(s) with fixed cooking facilities, toilet and bathroom
facilities and arranged for occupancy by not more than one family.
Any structure designed primarily for residential occupancy
which is wholly or in substantial part made, fabricated, formed or
assembled in manufacturing facilities for installation of assembly
and installation on the building site in such a manner that all concealed
parts or processes of manufacture cannot be inspected at the site
without disassembly, damage or destruction.
A building designed, occupied or used by three or more families
living independently of each other, wherein each dwelling unit shall
contain private bath and kitchen facilities.
A building used by one family and having two party walls
in common with other buildings (such as row house or townhouse), except
that end units have only one party wall.
A building used by one family, having only one dwelling unit
and having two side yards.
A building used by one family, having one side yard, and
one party wall in common with another building (duplex).
A building used by two families, with one dwelling unit arranged
over the other and having two side yards.
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A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
An easement required for the installation of stormwater sewers
or drainage ditches, and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
A right-of-way granted for limited use of land for public
or quasi-public purpose.
Also known as "granny flat" or "elder cottage housing." It
permits a family member, related by blood, marriage or adoption, to
live independently but close to relatives on the same lot. The housing
consists of one bedroom, a bathroom, living room and kitchen and is
connected to the utility system of the main dwelling unit.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public.
Public utilities transmission distribution facilities, including
substations.
Notice given by a municipality through the internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any request for modification of an existing tower or base
station that does not substantially change the physical dimensions
of such tower or base station, involving co-location of new transmission
equipment; removal of transmission equipment; or replacement of transmission
equipment.
A condition that 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing emergency health
service to people on an outpatient basis.
The highest number of workers (including both part-time and
full-time) both compensated and volunteer and both employees and contractors
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
Any obstruction or illegal or unauthorized intrusion in a
delineated setback, buffer yard, easement, floodway, right-of-way,
or on adjacent land.
A registered professional engineer in Pennsylvania designated
by the municipality to perform the duties of engineer as herein specified.
An increase in the size of an existing structure or use,
including physical size of the property, building, parking, and other
improvements.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies or accessory equipment
are located.
The removal of surface materials by the action of natural
elements.
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.
Includes, but is not limited to, all bears, coyote, lions,
tigers, leopards, jaguars, cheetahs, cougars, wolves, poisonous insects,
alligators, crocodiles, Caymans, constricting snakes, poisonous snakes,
venomous reptiles, Piranha, northern snakehead fish, gorillas, orangutans,
chimpanzees, monkeys, or other primates, or any other animal that
would not be considered a domesticated pet or livestock; and/or any
animal not indigenous to Pennsylvania.
The entity or entities having a legal or equitable interest
in the wind energy facility, including the respective successors and
assigns.
One or more persons related by blood, marriage, legal guardianship,
licensed or court-appointed foster care or legal adoption, including
any domestic servants or gratuitous guests thereof, 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. A roomer, boarder or lodger is not considered a family member;
any number of persons possessing a handicap 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.
A dwelling inhabited by a group of people who are not handicapped,
without regard for age, with or without specialized needs, who are
unrelated or related by legal marriage, birth or adoption, and who
are not afforded protection by the Fair Housing Act. This group of
people typically requires extended periods of or twenty-four-hour
adult supervision and guidance by persons who may be, but are typically
not, legal custodians. This definition does not include persons occupying
a hotel, dormitory, lodge or boarding home.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to ensure privacy, or to protect
the property so screened or divided, or to define and mark the property
line. For the purpose of this chapter, a freestanding masonry wall,
when so located, is considered to be a fence; also, for the purpose
of this chapter, when the term "lot line" is used in relation to fences,
it shall be synonymous with "rear yard lot lines," "side yard lot
lines," "front yard lot lines."
Fencing designed to collapse automatically under the pressure
of floodwaters, without causing damage to the fence. After floodwaters
have receded, the breakaway fence may be re-erected.
A fence having openings and/or voids comprising 45% or more
of the fence façade area. Typical open fence styles include
post and rail, chain-link, spaced picket, and ornamental rigid metal.
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
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade.
An establishment primarily involved with monetary, not material,
transactions and that has routine interactions with the public.
The elevation of the land surface of a site after completion
of all site preparation work.
A repeating cycle of changing light intensity.
A temporary inundation of normally dry land.
The outer boundary of an area of land that is likely to be
flooded once every 100 years (i.e., that has a 1% chance of being
flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
is necessary to define its boundary.
The outer boundary of an area of land that is likely to be
flooded once every 500 years (i.e., that has 1/5 of 1% chance of being
flooded each year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the Untied States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
is necessary to define this boundary.
An official floodplain map issued by the Federal Insurance
Administration.
A flood, which is likely to be equaled or exceeded once every
100 years (i.e., that has a 1% chance of being equaled or exceeded
in any given year). A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
as necessary to define this flood.
A flood which is likely to be equaled or exceeded once every
500 years (i.e., that has a 1/5 of 1% chance of being equaled or exceeded
in any given year. A study by the Federal Insurance Administration,
the United States Army Corps of Engineers, the United States Department
of Agriculture's Natural Resources Conservation Service, the United
States Geological Survey, the Susquehanna River Basin Commission,
the Department of Environmental Protection, or a licensed professional
registered by the Commonwealth of Pennsylvania to perform such a study
as necessary to define this flood.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The zoning district that regulates the channel and the relatively
flat area adjoining the channel of a natural stream or river that
has been or may be covered by floodwater.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduces or eliminates flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. With regard to nonresidential
structures, the term "floodproofing" shall also mean that the structure,
together with attendant utility and sanitary facilities, be designed
so that any space below the regulatory flood elevation is watertight
with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydromatic loads and effects of buoyancy.
The areas identified as floodway in the Flood Insurance Study
prepared by FEMA. The term shall also include floodway areas which
have been identified in the other available studies or sources of
information for those floodplain areas where no floodway has been
identified in the Flood Insurance Study.
The areas identified as floodway in the AE Zone in the Flood
Insurance Study prepared by FEMA. The term shall also include floodway
areas which have been identified in other available studies or sources
of information from those floodplain areas where no floodway has been
identified in the Flood Insurance Study.
Those portions of land within the Floodplain District subject
to inundations by the one-hundred-year flood, beyond the floodway
in areas where detailed study and profiles are available.
All that space relegated to use by the customer and the retail
employee to consummate retail sales; and to include display area used
to indicate the variety of goods available for the customer; but not
to include office space, storage space and other general administrative
areas.
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking or
loading; and all floors below the first or ground floor, except when
used or intended to be used for human habitation or service to the
public.
One who sells or grows for sale flowers and ornamental plants.
A measure of illumination produced by one candle, at a distance
of one foot on a one square foot area.
The management of forests and timberlands, when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve land development.
See "yard sale."
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 space therein.
Any garage other than a private garage, and which is used
for parking or storage of motor vehicles.
The effect produced by light with an intensity sufficient
to cause annoyance, discomfort, or loss in visual performance and
visibility.
Any regulation eighteen-hole, nine-hole or executive (par
3) golf course, including any driving ranges, chip-n-putt, nine-hole,
or miniature golf courses.
A structure, use, or activity regulated by the zoning ordinance
which was lawful prior to the adoption, revision, or amendment to
the ordinance but that fails by reason of such adoption, revision,
or amendment to conform to the present requirements of the zoning
district. (See "nonconforming.")
A building, room, or area, usually chiefly of glass, in which
the temperature is maintained within a desired range, used for cultivating
tender plants or growing plants out of season.
A greenway may be any one or combination of the following:
1) a linear open space established along either a natural corridor,
such as a riverfront, stream valley or ridgeline, or over land along
a railroad right-of-way converted to recreational use, a canal, a
scenic road, or other route; 2) a natural or landscaped course for
pedestrian or bicycle passage; 3) an open space connector linking
parks, natural reserves, cultural features or historic sites with
each other and with populated areas; and 4) strip or linear parks
designated as a parkway or greenbelt.
The total area of a building available for construction or
use, as measured from the exterior walls or the building. Gross building
area should be used in computing all square footage measurements for
buildings as well as dimension requirements.
The minimum distance between the ground and any part of the
wind turbine blade, as measured from the lowest point of the arc of
the blades.
A dwelling inhabited by handicapped persons, as identified
and provided for by the Fair Housing Act and this chapter. This definition
does not include persons occupying a hotel, dormitory, lodge, halfway
house, boardinghouse 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 within an institution because of physical disability,
old age, or mental retardation/developmental disability, or that the
applicant proves to the satisfaction of the Code Enforcement Officer
meets 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 Section 802
of Title 21." This definition was subsequently adjusted by Section
512 of the Americans with Disabilities Act to address certain situations
related to substance abuse treatment.]
Any dwelling or portion thereof which is designed or used
for persons unrelated to each other occupying the dwelling unit and
having common eating facilities. Group quarters include, but are not
limited to, boardinghouses or lodging houses, fraternity and sorority
houses, theme houses and other quarters of an institutional nature.
Group quarters owned and operated by a parent religious, educational,
charitable or philanthropic institution. Group quarters shall exclude
hotels, motels, dormitories, emergency shelters, student housing,
nursing facilities and personal care facilities. In zoning districts
where group quarters are permitted, other than institutional, group
quarters shall be limited to no more than 10 persons.
A non-institutional 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 (community corrections
center) 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, the Pennsylvania Department of Environmental Protection,
or municipality 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 U.S. Environmental Protection
Agency, the Pennsylvania Department of Environmental Protection or
the Township 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,[4] as amended.)
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Any structure, group of structures, aboveground or underground
storage tanks, or any other area 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 Township.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including, but not limited to, a general hospital, special hospital,
mental hospital, public health center, diagnostic center, treatment
center, rehabilitation center, extended care facility, skilled nursing
home, nursing home, intermediate care facility, tuberculosis hospital,
chronic disease hospital, maternity hospital, or outpatient clinic.
The vertical distance of a structure measured from the average
elevation of the finished grade surrounding the structure to the highest
point of the structure.
An area, either at ground level or elevated on a structure,
licensed by the federal government or an appropriate state agency
and approved for the loading, landing, and takeoff of helicopters,
and including auxiliary facilities such as parking, waiting room,
fueling and maintenance equipment.
A heliport but without auxiliary facilities such as parking,
waiting room, fueling and maintenance equipment.
A district or zone designated by a local authority or state
or federal government within which the buildings, structures, appurtenance,
and places are of basic and vital importance because of their association
with history; or because of their unique architectural style and scale,
including color, proportion, form, and architectural detail; or because
of their being a part of or related to a square, park, or area the
design or general arrangement if which should be preserved and/or
developed according to a fixed plan based on cultural, historical,
or architectural motives or purposes.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing in the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The conversion of an historic structure to a use other than
the existing use.
Any activity carried out for gain by a resident and conducted
as a customary, incidental, and accessory use in the resident's dwelling
unit.
The cultivation of a garden, orchard, or nursery; the cultivation
of flowers, fruits, vegetables, or ornamental plants.
A building or part thereof used for medical, psychiatric,
obstetrical, or surgical care on a twenty-four-hour basis. The term
"hospital" shall include facilities used for medical research and
training for health-care professions, general hospitals, mental hospitals,
tuberculosis hospitals, children's hospitals, and any such other facilities
which provide in-patient care. The term "hospital" shall not include
any facility in which is conducted the housing of the criminally insane
or provides treatment for persons actively charged with or serving
a sentence after being convicted of a felony. A hospital shall be
licensed as such by the Commonwealth of Pennsylvania.
A building designed for occupancy primarily as the temporary
abiding place of individuals who are lodged with or without meals.
A conference/convention center may be part of the hotel.
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.
The distance measured from the surface of the tower foundation
to the highest point of the wind turbine hub, to which the blade is
attached.
The total area of all impervious materials.
Any substance placed on a lot which covers the surface in
such a fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to consist
of impervious material: buildings, sidewalks, driveways, parking lots,
swimming pools and compacted ground surfaces.
A body of water, such as a pond, confined by a dam, dike,
floodgate, or other barrier.
Those physical additions, installations and changes required
to render land suitable for the use intended, including, but not limited
to, grading, paving, curbing, streetlights and signs, fire hydrants,
water mains, electric service, gas service, sanitary sewers, storm
drains, sidewalks, crosswalks, driveways, culverts, and other public
utilities and street shade trees, and improvements to existing watercourses.
An approved device in which combustible material, other than
garbage, is burned to ashes.
A public or private benevolent establishment devoted to the
shelter, maintenance or education and care of minor children, homeless,
aged or infirm persons, or members of a religious community. This
classification shall not include almshouses, penal or reformatory
institutions, nursing homes, hospitals or institutions for the custody,
care or treatment of persons suffering from dementia, mental derangement
or drug or alcoholic addiction.
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, 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;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
Any area, lot, land, parcel, building, or structure, or part
thereof, used for the storage, collection, processing, purchase, sale,
salvage, or disposal of junk.
A state-licensed facility through the Department of Agriculture,
containing indoor and outdoor housing facilities for the sheltering
of canines in accordance with the Pennsylvania Code, Title 7, Chapter
21, as amended or revised.
An aboveground pool of 80 square feet or less in area with
a height above grade of 24 inches or less, and having no electrical
connections or filtering system.
The improvement of one 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 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.
The following are exempted from the definition of land development:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including a farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of a building for rides within the
confines of an enterprise, which would be considered an amusement
park. For the purpose of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not comply to newly acquired
acreage by an amusement park until initial land for the expanded area
has been approved by the proper authorities.
A disposal site in which refuse and earth, or other suitable
cover material, are deposited and compacted in alternative layers
of specified depth in accordance with an approved plan. (See "sanitary
landfill.")
A component of a development plan, if required, on which
is shown proposed landscape species (such as number, spacing, size
at time of planting, and planting details); proposals for protection
of existing vegetation during and after construction; proposed treatment
of hard and soft surfaces; proposed decorative features, grade changes,
buffers and screening devices; and any other information that can
reasonably be required in order that an informed decision can be made
by Mount Holly Springs Borough.
A business premises equipped with large-scale clothes-washing
and dry-cleaning equipment.
A contractual agreement for the use of lands, structures,
buildings, or parts thereof for a fixed time and consideration.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
Any wild or domestic animal of the bovine, swine or sheep
family.
The raising and keeping of livestock, horses, poultry or insects beyond what is allowed under § 500-1119, Pets, keeping of, and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
An off-street space on the same lot with a building, or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials and which
abuts in or has access to a street.
A facility defined and licensed by the Commonwealth of Pennsylvania
Department of Health in accordance with Title 28 of the Pennsylvania
Code, Chapter 201. The facility provides skilled or intermediate nursing
care services 24 hours a day and seven days a week to individuals
who do not require more intensive hospital-based care.
A designated parcel, tract, plat 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.
LOT AREAThe area contained within the property lines of a lot as shown on a subdivision plan, excluding space within any street right-of-way, but including the area of any easement.
LOT, CORNERA lot at the junction of and abutting on two or more intersecting streets or private roads.
LOT, FLAGA lot not meeting minimum frontage requirements and where access to the public road is by a narrow private right-of-way or driveway.
LOT INTERIORA lot other than a corner lot.
LOT, MINIMUM WIDTHThe horizontal distance between the side lines of a lot measured at the front lot line.
LOT, NONCONFORMINGSee "nonconforming lot."
LOT, REVERSE FRONTAGE (DOUBLE FRONTAGE, THROUGH)A through lot that is not accessible from one of the parallel or non-intersecting streets upon which it fronts. In the case of a lot fronting on streets of different classifications, access to the lot shall be from the lower classified roadway.
The length of the front lot line measured at the street right-of-way.
The lot line separating a lot from a street right-of-way.
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 line and
one rear line.
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 two side lot lines.
Any lot line other than a front or rear lot line. A corner
lot shall have two front lot lines and two side lot lines.
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.
A lot which has a surface of any material that prevents the
absorption of stormwater into the ground. The total of impervious
area includes the building area, inclusive of rooftop, lot, sidewalks
and access drive divided by lot total net area.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Factory-built, single-family structures that meet the National
Manufactured Home Construction and Safety Standards Act (42 U.S.C.
§ 5401 et seq.) commonly known as the "HUD (U.S. Department
of Housing and Urban Development) Code."
See "dwelling, manufactured housing."
The processing and/or converting of raw unfinished or finished
materials, or products, or any, or either of them, into an article
or substance of different character, or for use for a different purpose;
industries furnishing labor in the case of manufacturing or the refinishing
of manufactured articles.
Any hood, canopy, awning or permanent construction that projects,
from a wall of a building, usually above an entrance.
An establishment whose business emphasis is the administration
of non-sexually oriented massage to patrons by employees.
A place equipped for experimental study in a medical science
or for testing and analysis.
A series of related text and/or images that involve two or
more message displays. Message sequencing does not include scrolling.
The extraction of minerals, including: solids, such as coal
and ores; liquids, such as crude petroleum; and gases, such as natural
gases. The term also includes quarrying; well operation milling, such
as crushing, screening, washing and flotation; and other preparation
customarily done at the mine site or as part of a mining activity.
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.
A parcel or contiguous parcels of land which has been so
designed and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
The improvement, upgrade or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure or the improvement, upgrade or expansion of the
wireless telecommunication 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.
A tower which consists of a single pole structure, designed
and erected on the ground or on top of a structure, to support communications
antennae and connect appurtenances.
A place in which human remains are prepared and stored prior
to burial.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
with separate entrances, and designed for temporary occupancy by primarily
transient automobile travelers and providing for accessory off-street
parking facilities.
A terminal that is primarily centered around the storage
and distribution of motor freight.
See "dwelling, multifamily."
Any establishment, use, facility, and/or structure owned
and/or operated by Mount Holly Springs Borough or its authorized municipal
authorities or agents. This definition specifically includes fire,
police, and EMS/ambulance services.
An area in which human activities are very limited and where
the natural environment is protected from human changes.
A component of a landscape existing or maintained as part
of the natural environment and having ecologic value in contributing
beneficially to air quality, erosion control, groundwater recharge,
noise abatement, visual amenities, growth of wildlife, human recreation,
reduction of climatic stress or energy costs. Such features include
those which, if disturbed, may cause hazards or stress or energy costs.
Any new activity or use of land in a lot or parcel that was
not occurring as of the effective date of this chapter.
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.
Wireless communications facilities other than tower-based
wireless communications facilities.
A structure, use, or activity regulated by the zoning ordinance
which was lawful prior to the adoption, revision, or amendment to
the ordinance but that fails by reason of such adoption, revision,
or amendment to conform to the present requirements of the zoning
district. See also "grandfathered."
See "nonconforming structure or building."
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.
Any sign lawfully existing on the effective date of an ordinance,
or an amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended ordinance.
A structure or building, the size, dimensions, or location
of which was lawful prior to the adoption, revision, or amendment
to the zoning ordinance, but that fails by reason of such adoption,
revision, or amendment to conform to the present requirements of the
zoning district.
A use or activity that was lawful prior to the adoption,
revision or amendment of the zoning ordinance but that fails by reason
of such adoption, revision, or amendment to conform to the present
requirements of the zoning district.
Any landowner except those on whose property all or a portion
of a wind energy facility is located pursuant to an agreement with
the facility owner or operator.
A condition or situation that results in an interference
with the enjoyment and use of a property.
Any lot or parcel of land used to cultivate, propagate, grow
and/or sell trees, shrubs, vines, and other plants, including the
buildings, structures, and equipment customarily incidental and accessory
to the primary use.
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of three or more persons.
A residence, school, hospital, church, public library, commercial
building or other building used for public gathering that is in use
when the permit application is submitted.
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 dedication right-of-way, and is located upon the same lot as
a principal use or, in the case of joint parking, within close proximity.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall not include retail or industrial uses, but
may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
The entity responsible for the day-to-day operation and maintenance
of the wind energy facility.
An illumination source outside any building, including, but
not limited to, an incandescent bulb, 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 station
marquees over gas pumps, are deemed to be "outdoor lighting."
The keeping, in an unenclosed area, of any goods, junk, material,
merchandise, or vehicles in the same place for more than 24 hours.
A zoning district that encompasses one or more underlying
zones and that imposes additional requirements above that required
by the underlying zone.
Any person, entity,
agent, or operator having a legal or equitable interest in the property;
or recorded in the official records of the state, county, or municipality
as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person,
and the executor or administrator of the estate of such person if
ordered to take possession of real property by a court of competent
jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A lot, plot or tract of land designated by any legally recorded
or approved means as a single unit. The term includes, but is not
limited to, tax parcels, lots or deeded areas.
A tract of land designated and used by the public for active
and passive recreation.
A building where passenger vehicles may be stored for short-term,
daily or overnight off-street parking.
Any lot, municipally or privately owned for off-street parking
facilities, providing for the transient storage of automobiles or
motor-driven vehicles. Such parking services may be provided as a
free service or may be provided for a fee.
The space within a building, or on a lot or parking lot,
for the parking or storage of one automobile.
A landowner upon whose property all or a portion of a wind
energy facility is located pursuant to an agreement with the facility
owner or operator.
A common shared wall between two separate structures, buildings,
or dwelling units.
A specified easement, walkway, path, sidewalk or other reservation
which is designed and used exclusively by pedestrians.
Allowed uses in which zoning matters may be approved by the
Code Enforcement Officer, provided the application complies with all
requirements of the zoning ordinance. A "nonconforming use" shall
not be considered to be a permitted by right use, a special exception
use or a conditional use.
A corporation, company, association, society, firm, partnership,
or joint stock company, as well as an individual, a state, and all
political subdivisions of a state or any agency or instrumentality
thereof, or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A facility defined and licensed by the Commonwealth of Pennsylvania
Department of Human Services in accordance with Title 55 of the Pennsylvania
Code, Chapter 2620.[5] 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,
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" is not a personal care
home.
See "assisted living facility."
Service activities shall include and be similar to barbershops,
beauty salons, health spas, massage parlors; photographic studios;
self-service laundry and dry-cleaning establishments, laundromats;
radio and television repair, repair shops for home appliances and
tools, bicycles, guns, locks, shoes and watches; tailor and dressmaking
shops; and pet grooming with no overnight boarding. Personal service
establishments shall not be construed to be adult regulated facilities
as defined herein.
Any material that permits full or partial absorption of stormwater.
The map or plat of a subdivision or land development whether
preliminary or final. (For the purpose of this chapter, the terms
"plat" and "plan" have the same meaning.)
An informal plan indicating salient existing features of
a tract and its surroundings and the general layout of proposed subdivision
or land development. The sketch plan does not constitute a formal
submission of a preliminary or final plan and is voluntarily offered
to all applicants for guidance.
See "plan."
An active recreational area with a variety of facilities,
including equipment for younger children as well as court and field
games.
A facility that generates electric power for the purpose
of transmission of such electricity to other users not located on
the site where the electricity is generated.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Principal solar energy systems consist of one or
more freestanding ground or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
The primary or predominant use of any lot or parcel of land.
A principal use whereby waste is brought to the site for
storage, processing, treatment, transfer or disposal.
A club operated for members only and not for profit.
A privately owned facility for recreational purposes, including,
but not limited to, such uses as parks, nature trails and wildlife
sanctuaries and excluding uses which would commonly be considered
a nuisance because of noise, pollution, etc., such as racing, touring
and promotion of motor vehicles.
A nonpublic right-of-way which provides vehicular access
to one or more lots.
Includes, but are not limited to, offices for real estate,
stock and bond brokers, accountants, adjusters, appraisers, utility
companies, physicians, lawyers, clergymen, teachers, dentists, architects,
engineers, insurance agents, opticians, banks, financial institutions,
contractors (excluding storage) and similar office-oriented uses.
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 the Pennsylvania Municipalities
Planning Code.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (relating to open meetings).
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. The 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.
Locations for leisure-time activities, including, but not
limited to, sports and entertainment that are open to anyone without
restriction, except for the rules and standards of conduct and use.
Recreation facilities owned and/or operated by an agency
of the municipality or other governmental body, including, but not
limited to, parks, swimming pools, golf courses, etc.
A street ordained or maintained or dedicated and accepted
by a borough, city, township, county, state or federal governments
and open to public use.
Any structure which belongs to a public utility for uses
such as electrical, telephone, gas, water and sewer which are regulated
by the Pennsylvania Public Utility Commission (PUC) or any other governmental
agency.
A lot or land or part thereof used for the purpose of extracting
stone, sand, clay, gravel, or topsoil for sale, and exclusive of the
process of grading a lot preparatory to the construction of a building
for which application for a building permit has been made.
A facility consisting of a paved or dirt roadway(s) used
primarily for the sport of automobile, machine or animal racing. A
racetrack may include seating, concession areas, suites, and parking
facilities, but does not include accessory offices, residences, or
retail facilities. This definition shall also include any facility
used for driving automobiles under simulated racing or driving conditions
(test tracks, "shakedown" tracks, or other similar facilities), but
which does not include seating, concession areas, or retail facilities
for the general public.
Any activity, whether structured or not, in which individuals
voluntarily engage during their leisure, including, but not limited
to:
Sports (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.
A type of "recreation" use that does not meet the definition
of outdoor recreation, and is used principally for active or passive
recreation, such as a bowling alley, roller skating, ice skating,
commercial batting practice use and similar uses.
A type of "leisure time activity" use that is used principally
for those activities, such as a golf driving range, miniature golf
course, amusement park and similar uses.
Activities that involve relatively inactive or less energetic
activities such as walking, sitting, picnicking, card games, checkers,
and similar table games.
A recreational vehicle is a portable structure primarily
designed to provide temporary living quarters or for recreation, camping
or travel purposes. In addition to the above, any of the following
attributes or characteristics also apply: 1) the unit is of such size
and weight as not to require a special highway movement permit from
the Pennsylvania Department of Transportation when self-propelled
or when hauled or pulled by a standard motor vehicle on the highway;
2) the unit is mounted or designed to be mounted or towed on or by
vehicles; 3) the unit is designed to be loaded onto or fixed to the
bed or chassis of a truck; 4) the unit contains or is designed to
contain temporary storage of water or sewage; 5) the unit contains
some identification by manufacturer as a travel trailer; 6) the unit's
primary use is for recreational purposes or the hauling of recreational
vehicles such as jet skis, snowmobiles, ATVs and UTVs; and 7) boats
of any kind, excepting canoes, kayaks and rowboats shall also be considered
recreational vehicles.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage and sale of wastepaper, rags, scrap metal
or discarded material, or for the collecting, dismantling, storage
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof.
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
The replacement of existing wireless telecommunications 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
telecommunications facilities initially installed and that does not
substantially change the physical dimensions of the existing wireless
support structure.
A hotel or motel that serves as a destination point for visitors.
A resort generally provides recreational facilities for persons on
vacation. A resort shall be self-contained and provide personal services
customarily furnished at hotels, including the serving of meals, and
a conference/convention center. Buildings and structures in a resort
should complement the scenic qualities of the location in which the
resort is situated.
A public eating place primarily offering sit-down counter
or table service and custom-prepared foods for on-premises consumption.
Retail business shall include variety stores, apparel stores,
florists, drugstores, grocery stores, eating and drinking establishments,
liquor stores, antique shops, music shops, sporting goods stores,
book, stationary, magazines, candy and tobacco shops, and other outlets
that sell merchandise on a retail basis.
Planned development designed to meet the needs of, and exclusively
for, the residence of senior citizens.
An establishment where horses are kept for riding, or are
stabled for compensation, or incidental to the operation of any club,
association, ranch, or similar establishment.
The surface of and space above and below any real property
in the municipality in which the federal government, commonwealth,
municipality or municipal authority has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
federal government, commonwealth, municipality or municipal authority,
and any non-exclusive public or utility easements established, dedicated,
platted, improved or devoted for utility purposes. Private rights-of-way
and other government-owned lands not listed above shall not be considered
a right-of-way. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
See "street."
A prospective use, intended for limited duration, for the
display and retail sale of agricultural products grown and produced
by the seller.
See "boardinghouse."
That portion of the wind turbine, i.e., blades and associated
hub and shaft, which is intended to be moved or activated by the wind.
Land, structures and other appurtenances or improvements
where municipal or residual waste disposal or processing is permitted
or takes place or where hazardous waste is treated, stored or disposed.
The term includes land thereby used or affected during the lifetime
of operations, including areas where solid waste management actually
occurs, support facilities, offices, equipment sheds, air and water
pollution control and treatment systems, access roads, associated
on-site or contiguous collection, transportation and storage facilities,
closure and post-closure care and maintenance activities, contiguous
borrow areas and other activities in which the natural land surface
has been disturbed or used as a result of or incidental to operation
of the facility. A waste facility must meet the requirements of Title
25 of the Commonwealth of Pennsylvania Code, Part VII to Part IX,
and any state or federal act or laws, as applicable and amended, such
as the Solid Waste Management Act,[6] the Clean Streams Law,[7] and all applicable federal regulation, such as the Resource
Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6901
to 6992 and 40 CFR Parts 260 to 279. A waste disposal or processing
plant may include landfills, incinerators, impoundment, transfer facilities,
composting facilities or resource recovery facilities, as defined
in the Pennsylvania Code.
Any liquid waste containing animal or vegetable matter in
suspension or solution or the water-carried waste resulting from the
discharge of water closets, laundry tubs, washing machines, sinks,
dishwashers, or any other source of water-carried waste of human origin
or containing putrescible material.
Pipes that carry domestic or commercial sanitary sewage and
into which stormwater, surface water, and groundwater are not intentionally
admitted.
A device incorporating a reflective surface, which is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn or cornucopia, and including its pedestal and other attachments.
Such device shall be used to transmit and/or receive radio or other
electromagnetic waves between terrestrially and/or orbitally based
uses. This definition is meant to include, but not be limited to,
what are commonly referred to as "satellite earth stations," "television
receivers only" or TCROs, and "satellite microwave antennas."
A place where logs are cut into lumber.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
A vegetative material of sufficient height and density to
conceal from the view of property owners on adjoining properties.
The structures and uses on the premises on which the screen planting
is located.
The provision of a barrier to visibility, air-borne particles,
glare and noise between adjacent properties uses and/or districts
composed entirely of trees, berms, shrubs, sight-tight fences, walls
and/or other similar-type materials.
A mode of message transition where the message is changed
by the apparent vertical or horizontal movement of the letters or
graphic elements of the message.
A facility providing for the enclosed storage of household
items or recreational equipment, 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.
An underground system with a septic tank for the decomposition
of wastes.
The distance between the building and any lot line.
See "building setback line."
Any system designed to eliminate sanitary sewage within the
boundaries of the lot the system serves.
A sanitary sewage collection method in which sewage is carried
from the site by a system of pipes to the central treatment and disposal
plant.
Alternating changes in light intensity caused by a moving
wind rotor blade casting shadows on the ground and stationary objects.
A place where firearms and other projectile-type weapons
(guns, rifles, shotguns, pistols, air guns, archery crossbows, etc.)
can be shot for recreation, competition, skill development, training,
or any combination thereof. Nothing within this definition shall be
construed to include hunting when conducted in accordance with the
rules and regulations of the Commonwealth of Pennsylvania.
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 right-of-way
line and curbline, regardless of whether the sidewalk exists.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
See "clear sight triangle."
Any object, device, display, or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct, or attract attention to an object, person, institution,
organization, business, product, service, event, or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images. This excludes national or
state flags, window displays, graffiti, athletic scoreboards, or the
official announcements or signs of governments.
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The area of a sign including all lettering, wording, and
accompanying design and symbols, together with the background, whether
open or enclosed, on which they are displayed, including any border
framing or decorative attachments, but not including any supporting
framework or bracing incidental to the display itself. Where the sign
consists of individual letters or symbols attached to a building,
wall or window, the area of the sign shall be considered to be that
of the smallest rectangle or other regular geometric shape which encompasses
all of the letters and symbols.
A sign that is mounted, painted or attached to an awning,
canopy or marquee that is otherwise permitted by ordinance.
A sign that directs attention to a business, commodity, service,
or entertainment conducted, sold, or offered at a location other than
the premises on which the sign is located.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of the architects, engineers, landscape architects, contractors
or similar artisans, and the owners, financial supporters, sponsors,
and similar individuals or firms having a role or interest with respect
to the structure or project.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit."
A sign or portion thereof that displays electronic, images,
graphics and/or text information, defined by a small number of matrix
elements using different combinations of light emitting diodes (LEDs),
fiber optics, light bulbs or other illumination devices within the
display area where the message change sequence is accomplished immediately
or by means of fade or repixalization. Electronic variable message
signs include, but are not limited to, computer programmable, microprocessor
controlled electronic or digital displays. These signs include the
following types:
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SIGN, ELECTRONIC ANIMATED — A sign that changes
its message or background by motion or pictorial imagery. This may
or may not include text and displays action or a special effect to
imitate movement. This includes, but is not limited to, moving objects,
moving patterns, scrolling or bands of light or changing shapes.
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SIGN, ELECTRONIC CHANGEABLE IMAGE — A sign
or portion thereof that displays static electronic images with or
without text. The display is depicted by a small number of elements
using light emitting diodes (LEDs), fiber optics, light bulbs or other
illumination devices. The message change is accomplished by immediate
or gradual fade to a new image.
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SIGN, ELECTRONIC CHANGEABLE TEXT — A sign
or portion thereof that displays electronic text information. Each
alphanumeric character is depicted by a small number of elements using
light emitting diodes (LEDs), fiber optics, light bulbs or other illumination
devices. The message change can be accomplished by scrolling, immediate
or gradual fade to a new message.
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The area or display surface used for the message.
A sign which is self-supporting upon the ground or which
is primarily supported by poles attached to the ground and not primarily
supported by a building.
Any sign, other than a pole sign, in which the entire bottom
is in contact with or is close to the ground and is independent of
any other structure.
The vertical distance measured from the average surrounding
ground level surrounding a sign to the highest point of the sign and
its supporting structure. Religious symbols, when not accompanied
by lettering, shall not be restricted by the sign heights of this
chapter when attached to a tower or spire of a house of worship.
A sign giving the nature, logo, trademark, or other identifying
symbol, and address of a building, business development, or establishment
in the premises where it is located.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
A sign that is wholly or partly dependent upon a building
for support and that projects more than 12 inches from such building.
A sign relating to the property upon which it is located,
offering such property for sale or lease.
A sign that is mounted on the roof of a building or that
is wholly dependent upon a building for support and that projects
above the top walk or edge of a building with a flat roof, the eave
line of a building with a gambled or gable or hip roof, or the deck
line of a building with a mansard roof.
Any sign, or advertising display constructed of cloth fabric,
plywood, or other light material and designed or intended to be displayed
for a short period of time.
A sign primarily supported or painted on a wall of a building.
A wall sign shall also include a sign displayed upon an awning, marquee
or canopy.
A sign which is attached to a window or transparent door
or that can be read through a window or transparent door.
A use that has the same characteristics as the specifically
cited uses in terms of the following: trip generation and type of
traffic, parking and circulation, utility demands, environmental impacts,
physical space needs, and clientele. See "change of use."
See "dwelling, single-family attached."
See "dwelling, single-family detached."
See "dwelling, single-family semidetached."
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.
For towers other than towers in the public rights-of-way,
the current boundaries of the leased or owned property surrounding
the tower and any access or utility easements currently related to
the site, and, for other eligible support structures, further restricted
to an area in proximity to the structure and to other transmission
equipment already deployed on the ground.
An accurately scaled development plan that illustrates the
existing conditions on a land parcel as well as depicting details
of a proposed development.
See "plan, sketch."
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 in-patient basis because of age, illness, disease,
injury, convalescence or physical or mental infirmity.
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition, contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of ensuring adequate access to direct sunlight for
solar energy systems.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
That part or portion of a solar energy system containing
one or more receptive cells or modules, the purpose of which is to
convert solar energy for use in space heating or cooling, for water
heating and/or for electricity.
Items including a solar photovoltaic cell, module, panel,
or array, or solar hot air or water collector device panels, lines,
pumps, batteries, mounting brackets, framing and possibly foundations
or other structures used for or intended to be used for collection
of solar energy.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
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Land or structures where solid waste is received and temporarily
stores, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
An owner-occupied residence of historical and/or architectural
significance which is available for private rental for occasions such
as business meetings, weddings, receptions, banquets, private parties,
fund-raising events, conferences and similar functions, although not
otherwise open to the general public. The rental use must be as secondary
and subordinate to the residential use.
Less than completely and opaquely covered human genitals,
pubic regions, buttocks, and female breasts below a point immediately
above the top of the areola; and human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
Human genitals in a state of sexual stimulation or arousal;
acts of human masturbation, sexual intercourse or sodomy; and fondling
or other erotic touching of human genitals, pubic region, buttocks
or female breasts.
An accessory building in which horses are kept for private
use and not for hire, remuneration, exhibition, or sale.
A building in which horses are kept for remuneration, hire,
exhibition, or sale.
State-of-the-art design techniques used to blend objects
into the surrounding environment and to minimize the visual impact
as much as possible. These design techniques are applied to wireless
communications towers, antennae and other facilities 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 less visible to the casual observer. Such methods include, but
are not limited to, architecturally screened, roof-mounted antennae,
building-mounted antennae painted to match the existing structure
and facilities constructed to resemble trees, shrubs, and light poles.
Land with a 15 feet or greater change in elevation 100 feet
or less in horizontal distance or, in other terms, 15% or greater
on the average. The following formula is the acceptable method of
determining average slope:
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S
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=
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0.0023 I x L
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A
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S
|
=
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Average percent slope of site
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I
|
=
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Contour interval in feet
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L
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=
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Sum of the length of contours in feet
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A
|
=
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Land area in areas of parcel being considered
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A structure not intended for residential occupancy which
is accessory to the principal use of the property as a place to store
personal property.
A watercourse having banks and a channel through which waters
flow at least periodically.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, land, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians whether public or private.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of other streets
upon which the lot abuts, at the midpoint of the frontage of the lot
thereon. If there is no officially established grade, the existing
grade of the street at such midpoint shall be taken as the street
grade. Includes established grade.
The dividing line between the street and the lot, also known
as right-of-way line.
The distance between street lines measured at right angles
to the center line of the street.
A major street or highway which carries traffic from minor
streets to arterial streets, including the principal entrance streets
of a residential development and the streets for circulation within
such a development.
See "cul-de-sac."
A street with a single common ingress and egress.
A street with access control, channelized intersections,
restricted parking, and that collects and distributes traffic to and
from minor arterials.
A street with signals at important intersections and stop
signs on the side streets and that collects and distributes traffic
to and from collector streets.
A legally established right-of-way other than a public street
not offered for dedication or accepted for municipal ownership and
maintenance.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure detached from a principal structure but located
on the same lot, which is customarily incidental and subordinate to
the principal building, structure or use.
See "nonconforming structure or building."
The main or primary 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.
A living arrangement for no more than four students located
in a dwelling having a floor area of at least 1,500 square feet not
including basement, garages and accessory buildings. Students living
in student housing shall mean students, typically unrelated, living
independently from parents or guardians while attending an education
institution.
A building or portion of a building used as a place of work
by an artist, photographer, or artisan, or used for radio or television
broadcasting.
The division or re-division of a lot, tract or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devises, transfer of ownership or building
or lot development; provided, however, that the subdivision or 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 an eligible support structure if it meets any of the following
criteria:
For towers other than towers in the public rights-of-way, it
increases the height of the tower by more than 10% or by the height
of one additional antenna array with separation from the nearest existing
antenna not to exceed 20 feet, whichever is greater; for other eligible
support structures, it increases the height of the structure by more
than 10% or more than 10 feet, whichever is greater. Changes in height
should be measured from the original support rooftops; in other circumstances,
changes in height should be measured from the dimensions of the tower
or base station, inclusive of originally approved appurtenances and
any modifications that were approved prior to the passage of the Spectrum
Act.
For towers other than towers in the public rights-of-way, it
involves adding an appurtenance to the body of the tower that would
protrude from the edge of the tower more than 20 feet, or more than
the width of the tower structure at the level of the appurtenance,
whichever is greater; for other eligible support structures, it involves
adding an appurtenance to the body of the structure that would protrude
from the edge of the structure by more than six feet;
For any eligible support structure, it involves installation
of more than the standard number of new equipment cabinets for the
technology involved, but not to exceed four cabinets; or, for towers
in the public rights-of-way and base stations, it involves installation
of any new equipment cabinets on the ground if there are no preexisting
ground cabinets associated with the structure, or else involves installation
of ground cabinets that are more than 10% larger in height or overall
volume than any other ground cabinets associated with the structure;
It entails any excavation or deployment outside the current
site.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any extension, repair, reconstruction, or other improvement
of a property, the cost of which equals or exceeds 50% of the fair
market value of a property either before the improvement is started
or, if the property has been damaged and is being restored, before
the damage occurred.
A commercial establishment storing or offering for sale building
supplies, steel supplies, coal, heavy equipment, feed and grain, and
similar goods. Supply yards do not include the wrecking, salvaging,
dismantling or storage of automobiles and similar vehicles.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing. Farm ponds
and/or lakes are not included provided that swimming was not the primary
purpose for their construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
See "structure, temporary."
A use established for a limited duration with the intent
to discontinue such use upon the expiration of the time period.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
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.
When referring to a wind turbine, the distance measured from
the surface of the tower foundation to the highest point of a wind
rotor blade when the blade is positioned at 90° to the surface
of the ground.
The supporting structure of a wind turbine on which a rotor
and accessory equipment are mounted. The basic types of towers include
self-supporting (freestanding) or guyed.
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission-licensed or authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
Wireless communications facilities that include the installation
of a new tower to support the transmission equipment.
See "mobile home."
An electric substation containing an assemblage of equipment
for the purposes other than generation or utilization, through which
electric energy in bulk is passed for the purpose of switching and
modifying its characteristics to meet the needs of the general public,
provided that in a residential district, an electric substation shall
not include rotating power equipment, storage of materials, trucks
or repair facilities or housing of repair crews.
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or authorized wireless communication service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
Land and buildings used as a relay station for the transfer
of a load from one vehicle to another or one party to another. The
terminal cannot be used for permanent or long-term accessory storage
for principal land uses at other locations. The terminal facility
may include storage areas for trucks and buildings or areas for the
repair of trucks associated with the terminal. The terminal may also
serve as a passenger station that is central to an area and serves
as a junction at any point with another line. A bus terminal would
be a central point for passengers, and a truck terminal would be a
central point for freight.
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:
See "dwelling, two-family detached."
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
See "accessory use."
See "nonconforming use."
See "principal use."
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.
A departure from the provisions of a zoning ordinance relating
to setbacks, side yards, frontage requirements, and lot size that,
if applied to a specific lot, would significantly interfere with the
use of the property. The hardship variance can be granted when the
strict enforcement of the zoning ordinance as it applies to a specific
lot would present practical difficulties in the use of the property.
The hardship relates to the physical characteristics of the property,
and without the variance, the property becomes unusable.
An area covered with a vegetative material: grass, shrubs,
vines and trees.
A building on a lot that is used for the repair or painting
of bodies, chassis, wheels, fenders, bumpers and/or accessories of
motor vehicles, provided that all repair and paint work is performed
within an enclosed building and all motor vehicle parts, refuse and
similar articles are stored within a building or enclosed area. Mechanical
repairs, the sale of lubricants, etc., may or may not be included
as accessory uses.
A vehicle which does not display the current Pennsylvania
state inspection certificate and is manifestly incapable of being
locomotive in its existing condition. This does not include agricultural
machinery and equipment.
A building on a lot designed and/or used primarily for mechanical
repairs, storage, rental or servicing of automobiles, trucks and similar
motor vehicles.
A qualified professional trained in the care and treatment
of animals and in particular domestic animals. For the purpose of
this chapter, the term "veterinarian" includes the office, waiting
room, examination room, treatment area and overnight quarters for
the usual house pets (dogs, cats, birds, hamsters and the like).
See "animal hospital."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal unless such uses are
specifically permitted in that zoning district.
A stream of water, river, brook, creek, or channel or ditch
for water, whether natural or man-made.
Those areas that are inundated or saturated by surface water
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. Wetlands
generally include swamps, marshes, bogs, and similar areas. [Definition
used by U.S. Environmental Protection Agency and U.S. Army Corps of
Engineers.]
See "natural area."
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmissions lines and other appurtenant
structures and facilities.
ACCESSORY WIND ENERGY FACILITYA system designed as a secondary use on a lot, wherein the power generated is used primarily for on-site consumption.
PRINCIPAL WIND ENERGY FACILITYA system designed as the primary use on a lot, wherein the power generated is used primarily for off-site consumption.
A wind energy conversion system 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.
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Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including,
but not limited to, buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
See "building setback line."
The public sale of household and personal items, and/or items
common to the use of home ownership.
See "buffer yard."
The shortest distance between a lot line and a required setback
line.
A space parallel to the front lot line and extending the
full width of the lot between a required front setback line and the
front lot line.
A space parallel to the rear lot line and extending across
the full width of the lot between the required rear setback line and
the rear lot line.
An open space located on the same lot with a building unoccupied
and unobstructed from the ground up, except for permitted accessory
buildings or such projections as are expressly permitted. The minimum
depth or width of a required yard shall consist of the horizontal
distance between the lot line and the required building setback line.
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REQUIRED YARD SETBACKS
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A space parallel to the side lot line and extending from
the front yard to the rear yard between the required side setback
line and the side lot line.
A section of a municipality designated in the Zoning Ordinance
text and delineated on the Zoning Map in which requirements for the
use of land and building and development standards are prescribed.
The map setting forth the boundaries of the zoning districts
of Mount Holly Springs Borough which shall be part of this chapter.
A document signed by a Code Enforcement Officer, as required
in the Zoning Ordinance, as a condition precedent to the commencement
of a use, or the erection, construction, reconstruction, restoration,
alteration, conversion or installation of a structure or building,
that acknowledges that such use, structure or building complies with
the provisions of the municipal zoning ordinance or authorized variance
therefrom.
[1]
Editor's Note: The Unit Property Act was repealed 7-2-1980
by P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101 et seq.,
the Uniform Condominium Act.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and
68 Pa.C.S.A. § 5101 et seq., respectively.
[4]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[5]
Editor's Note: Chapter 2620 was rescinded in 2005 to read
as set forth in Annex A of the title.
[6]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[7]
Editor's Note: See 35 P.S. § 691.1 et seq.
[8]
Editor's Note: See 53 P.S. §§ 10601 et seq.
and 10901 et seq., respectively.
