Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this article.
In this chapter, when not inconsistent with the context:
A.
Words in the present tense imply also the future tense.
B.
The singular includes the plural.
C.
The male gender includes the female gender.
D.
The term "person" includes an individual, incorporator's association,
member(s) of a partnership or the officers of a corporation, as well
as any similar entity.
E.
The terms "shall," "must" or "will" are always mandatory.
F.
The term "may" is permissive.
The following words and phrases shall have the particular meaning assigned by this section of this chapter. Additionally, the words and phrases which are used in this chapter and not defined below shall have the meaning assigned by Chapter 490, Zoning, as amended.
An improved cartway designed and constructed to provide for
vehicular movement between a public road and a tract of land containing
any use other than one to four dwelling units or a farm.
A use on the same lot with, and of a nature customarily incidental
and subordinate to, the principal use or structure.
The latest version of the Pennsylvania Municipalities Planning
Code, as amended.[1]
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner A "medical practitioner," for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance whether transparent or nontransparent to or on the human body when specified anatomical areas are exposed.
ADULT BOOKSTOREAny establishment which has 20% or more of its stock-in-trade consisting of:
Books, films, videotapes, magazines or other periodicals or
other forms of audio or visual representation which are distinguished
or characterized by an emphasis on depiction or description of specified
sexual activities or specified anatomical areas;
Instruments, devices or paraphernalia (excluding prophylactics)
which are designed for use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, tanning salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT MINI-MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops, operated by a medical practitioner licensed by the commonwealth, to engage in sexual therapy.
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
Any establishment which has 50% or more of its stock-in-trade
consisting of videotapes, video discs, or both, which are distinguished
or characterized by an emphasis, depiction or description of specified
sexual activities or specified anatomical areas.
Any other business or establishment which offers its patrons
services or entertainment characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
The tilling of the soil, the raising of crops, forestry,
horticulture, viniculture and gardening, including the keeping or
raising of livestock, such as cattle, cows, swine, horses, sheep,
goats, poultry, rabbits, birds, fish, bees, and other similar animals.
Agriculture also includes the incidental slaughter for personal consumption
of livestock which have been raised on the site. (See also "farm.")
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear and/or side of properties.
Any change, rearrangement, enlargement, addition, moving,
reconstruction, relocation, removal, or demolition of any building,
structure or of the structural parts thereof, or any modification
which may change the valuation for tax assessment purposes of the
building, structure, or site involved but not including the mere painting
or finishing of surfaces when not accompanied by any other activity
herein referred to, provided that the original configuration plan
and form of the structure are not altered.
A commercial establishment which provides as a principal
use, amusement devices, games of skill or chance, or both (e.g., pinball
machines, video games, squabble, electronic or water firing ranges
and other similar devices). This definition does not include the use
of two or less such devices as an accessory use.
That part of a building which is immediately below and wholly
or partly within the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area unless it is constructed as or
modified into a habitable room by the inclusion of dormer windows,
an average ceiling height of five feet or more, and a permanent stationary
interior access stairway to a lower building story.
Any area of a building having its floor below ground level
on all sides.
The Board of Supervisors of Hellam Township, York County,
Pennsylvania.
Any structure having walls and a roof or other covering,
designed or used for the shelter or enclosure of any person, animal,
property, or any combination thereof. Within the floodplain, the term
"building" shall include a combination of materials to form a permanent
structure having walls and a roof. Included shall be all manufactured
homes and trailers to be used for human habitation, gas and liquid
storage tanks.
The actual line of that face of the building nearest an adjacent
right-of-way or street line. This face includes any structure above
grade, except steps and sidewalks.
The surface of a street, access drive, driveway or alley
available for vehicular traffic, including travel lanes and parking
lanes, but not including curbs, sidewalks or swales.
A statement signed by the Zoning Officer, setting forth that a building, structure or use legally complies with Chapter 490, Zoning, other applicable codes and regulations, the zoning permit and the building permit.
A natural or artificial watercourse with a definite bed and
banks which confine and conduct continuously or periodically flowing
water.
The most recently adopted version of the Official Comprehensive
Plan, Hellam Township, York County, PA, including any amendments.
A form of property ownership providing for individual ownership
of a specific dwelling unit, or other space, together with an undivided
interest in the land or other parts of the structure in common with
other owners.
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their Comprehensive Plan and land use regulation.
The number of dwelling units permitted in relation to the
land area actually in use or proposed to be used for residential purposes,
exclusive of any public, private, or both, streets.
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; utilities;
filling, grading and excavation; mining, dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A process whereby materials, goods, or products are obtained,
stored by one person, and then delivered to another.
The noncommercial keeping of no more than six adult animals
that are locally available for purchase as pets, as an accessory use
to a dwelling unit. Domestic pets shall not include livestock, or
any animal or bird for which a permit is required under the Pennsylvania
Game and Wildlife Code, 34 Pa.C.S.A. § 101 et seq., or the
regulations of the Pennsylvania Game Commission.
An improved cartway designed and constructed to provide vehicular
movement between a public road and a tract of land serving one to
four dwelling units or a farm. (See also "joint-use driveway.")
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals, hotels, boarding, rooming and lodging houses, institutional
houses, tourists' courts, and the like, offering overnight accommodations
for guests or patients. In addition, all dwellings shall be properly
connected to approved and permanently designed public or on-lot sewer,
public or on-lot water, electrical and other utility systems.
SINGLE-FAMILY DETACHED (SFD)A freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yards. Mobile homes and tiny homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, they are permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. Such foundation shall be constructed to provide sufficient structural integrity to prevent the building from heaving, shifting, or settling unevenly, due to frost action. Travel trailers, as defined herein, shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling. (Figure 1)
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TWO-FAMILY OVER-UNDERA freestanding building containing two dwelling units for two families, arranged in an over-and-under (Figure 2) configuration and having one front and rear yard and two side yards.
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MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 4)
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TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls. (Figure 5)
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MOBILE HOMEFor the purposes of this chapter, all mobile homes, except those contained within mobile home parks, shall be governed by all regulations applicable to single-family detached dwellings of Chapter 490. Mobile homes located within mobile home parks shall be governed by this chapter, as amended.
SINGLE-FAMILY SEMIDETACHEDA freestanding building containing two dwelling units for two families, arranged in a side-by-side configuration. Each unit shall be constructed on individual lots and shall have one front yard, one side yard, and one rear yard (no yard along the common lot line).
TINY HOMEA dwelling unit placed on a property for occupancy as a residential dwelling with a habitable area of not less than 150 square feet and not more than 699 square feet, constructed on a permanent foundation. A tiny home shall be considered a mobile home and shall comply with all requirements of this chapter and Chapter 490 regarding single-family dwellings. All tiny homes must be certified by Housing and Urban Development (HUD).
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
One or more persons living together in a single dwelling
unit as a traditional family or the functional equivalent of a traditional
family. It shall be a rebuttable presumption that more than five persons
living together in a single dwelling unit, who are not related by
blood, adoption, or marriage, do not constitute the functional equivalent
of a traditional family. In determining the functional equivalent
of a traditional family, the following criteria shall be present:
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
A parcel or parcels of land which are used for a principal
agricultural use, including one single-family detached dwelling and
other necessary farm structures, and the use, repair, maintenance
and storage of equipment associated with the principal agricultural
use.
An artificially constructed barrier made of any material
or combination of materials erected either for the purpose of screening
one property from another to assure privacy, protection or confinement
of the property or to permanently or temporarily prohibit or inhibit
unrestricted travel between properties or portions of properties or
between street or public right-of-way and a property. A freestanding
masonry wall, when located for one of the preceding purposes, is considered
to be a fence. Hedges or other similar types of vegetative cover shall
not be deemed to be a fence. The height of all fences and walls or
portions thereof shall be measured from grade level.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including but not limited
to levees, bulkheads, dikes, jetties, embankments, and causeways.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The continuous linear distance taken along a property's
common boundary with an adjoining street right-of-way, other than
that of a limited-access highway.
That which exhibits consistency.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on 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 Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
An institution, licensed in the Commonwealth of Pennsylvania
as a hospital, which renders inpatient and outpatient medical care
on a twenty-four-hour-per-day basis; and provides primary health services
and medical/surgical care to persons suffering from illness, disease,
injury, deformity and other abnormal physical or mental conditions.
A hospital use can also include attached and detached accessory uses,
provided that all accessory uses are contained upon the hospital property.
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms with less than 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as a part of the compensation.
Those surfaces that do not readily absorb precipitation and
surface water. The term includes but is not limited to buildings,
parking areas, driveways, roads, sidewalks, swimming pools, and any
area in concrete, asphalt, packed stone or equivalent surfaces, including
those with a coefficient of runoff of 0.7 or higher. Impervious surfaces
also include disturbed surfaces with a bulk density of 95% of the
value at which plant growth limitation is expected for average plant
material.
Any lot on which two or more animals that are older than
six months (except relating to a farm) that are kept, boarded, raised,
bred, treated, or trained, for a fee, including but not limited to
dog or cat kennels.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots, regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land, shall be deemed
to be a landowner for the purposes of this chapter.
Any parcel, plot or tract of land intended as a single unit for purposes of ownership, transfer of ownership, use, rent, improvement or development. A lot herein defined must coincide with a single lot of record. A lot not otherwise specified is defined as having frontage along a public street, or a street that has been dedicated to the Township, or a private street that has been improved to the standards in Chapter 430, Subdivision and Land Development, for a public street.
LOT, CORNERA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°.
LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.
LOT, THROUGHA lot which fronts on two streets that do not intersect at the boundary of the lot.
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The area contained within the property lines of a single
lot, excluding any area within a street right-of-way, but including
the area of any easement.
A line of record which divides one lot from another lot,
or from a public or private road or any other public space. Where
a lot abuts a public right-of-way, the lot line for regulatory purposes
shall be the right-of-way line.
A lot identified on a subdivision plan or on a deed or other
instrument of conveyance recorded in the Office of the Recorder of
Deeds in and for York County, Pennsylvania.
The horizontal distance measured between side property lines.
On corner lots, lot width shall be measured between the street right-of-way
line for the non-address street and the directly opposite property
line. Unless otherwise noted, lot width shall be measured at the building
setback line.
A function involving either the processing, conversion or
production of materials, goods, or products.
A unit of land for the placing of one mobile home or trailer.
The part of an individual mobile home space which has been
reserved for the placement of a mobile home and appurtenant structures
and connections.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or two or more units designed to
be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site completed 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 of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile/manufactured homes.
A facility which provides lodging to boarders for compensation,
which contains more than eight rooms with at least 25% of all rooms
having direct access to the outside without the necessity of passing
through the main lobby of the building, and which may provide meals
and other services as a part of the compensation.
A structure and/or use in which mushrooms are cultivated
for retail sales, wholesale distribution, or both.
Any building used for on-site consumption of alcoholic or
nonalcoholic beverages where live entertainment is offered. For the
purposes of this definition, "live entertainment" is meant to include
the use of disc jockeys for the purposes of supplying musical entertainment.
Nightclubs may also provide for on-site consumption of food. Additionally,
nightclubs can offer the retail sale of carry-out beer and wine as
an accessory use. This is also meant to include an "under 21" club
which features entertainment.
Any structure or assembly of materials including fill above
or below the surface of land or water, and an activity which might
impede, retard, or change flood flows. The planting, cultivation and
harvesting of field and orchard crops or the grazing of livestock,
including the maintenance of necessary appurtenant agricultural fencing,
shall not be considered an "obstruction" under this definition.
A place where the primary use is conducting the affairs of
a business, profession, service, or government, including administration,
recordkeeping, clerical work, and similar business functions. An office
shall not involve manufacturing, fabrication, production, processing,
assembling, cleaning, testing, repair, or storage of materials, goods
or products; or the sale or delivery of any materials, goods, or products
which are physically located on the premises. Office supplies used
in the office may be stored as an incidental use.
A space unoccupied by buildings or other impervious surfaces,
and open to the percolation of rainwater.
A sign affixed to a freestanding unit of occupancy contained
within a planned center.
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
The Planning Commission of Hellam Township.
The property upon which the activity is conducted as determined
by physical facts rather than property lines. It is the land occupied
by the buildings or other physical uses that are necessary or customarily
incident to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
The following are not considered to be a part of the premises on which
the activity is conducted, and any signs located on such land are
to be considered off-premises advertising:
Any land which is not used as an integral part of the principal
activity, including land which is separated from the activity by a
roadway, highway, or other obstruction, and not used by the activity;
and extensive undeveloped highway frontage contiguous to the land
actually used by a commercial facility, even though it might be under
the same ownership.
Any land which is used for, or devoted to, a separate purpose
unrelated to the advertised activity.
Any land which is in closer proximity to the highway than to
the principal activity, and developed or used only in the area of
the sign site or between the sign site and the principal activity
and whose purpose is for advertising purposes only. In no event shall
a sign site be considered part of the premises on which the advertised
activity is conducted if the site is located on a narrow strip of
land which is nonbuildable land, or is a common or private roadway,
or is held by easement or other lesser interest than the premises
where the activity is located.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
A function which involves only the cleaning, sorting, sizing,
packaging, or any combination thereof, of products and materials.
Owned, operated, or controlled, by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions and the Board of Public
Education).
Use or extension thereof which is operated, owned or maintained
by a municipality or municipal authority or which is privately owned
and approved by the Pennsylvania Public Utility Commission for the
purpose of providing public sewage disposal, treatment, or both; public
water supply, storage, treatment, or any combination thereof; or for
the purpose of providing the transmission of energy, cable television
or telephone service.
A municipal water supply system, or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving multiple
users.
Replacement of existing worn or damaged materials with equivalent
materials for the purpose of routine maintenance and upkeep but not
including any alteration.
Those businesses whose primary activities involve the display
and sales of goods and products to the general public. This term shall
not include adult-related uses as defined herein.
A corridor of publicly owned or leased land for purposes
of maintaining primary vehicular and pedestrian access to abutting
properties, including but not limited to roads, streets, highways
and sidewalks. Abutting property owners are prohibited from encroaching
across the right-of-way line.
A school that may offer a wide range of educational or instructional
activities (excluding vocational-mechanical trade schools as defined
below) that may, or may not, be operated as a gainful business by
some person or organization other than the public school district.
A school that offers elementary, secondary, postsecondary,
postgraduate, or any combination thereof, education that may, or may
not, be operated as a gainful business.
A school licensed by the Department of Education for the
purpose of providing elementary, secondary, and adult education, and
operated by the Eastern York School District.
A school that may, or may not, be operated as a gainful business
that principally offers training in any of the following occupations:
Restriction of objectionable views to intensive use or utility elements of a site by landscape plantings, berms, walls and fences according to Chapter 280, Landscaping. The screening is located at or near the element to be screened.
The required horizontal distance between a setback line and
a property or street right-of-way line.
SETBACK, FRONTThe distance between the street right-of-way line and the building setback line projected the full width of the lot.
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot.
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard.
A line within a property and parallel to a property or street
line which delineates the required minimum distance between some particular
use of property and that property or street line.
Single-family detached dwelling.
One store or a planned center of stores, or stores and offices
containing more than 40,000 square feet of gross leasable floor area,
designed for the site on which it is built, functioning as a unit,
with shared off-street parking provided on the property as an integral
part of the unit.
A device for visual communication that is used to bring the
subject to the attention of the public. A sign shall not include flags
or other insignia of any government or fraternal organization.
CENTER SIGNA sign or other structure that provides identification at the entrance to a center such as a shopping center, planned commercial center, office complex, or industrial park.
FLAT WALL SIGNA sign displayed, mounted, or both, upon or generally parallel to the same plane as the face of a wall, such that no portion of the sign extends more than 12 inches from said wall.
FREESTANDING SIGNA sign erected upon a permanently affixed, independent structure (legs or base).
HOME OCCUPATION SIGNA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.
MOBILE SIGNA sign capable of moving from one premises to another, including those painted on vehicles that are parked and/or stored at a location other than where the activity associated with said vehicle is conducted, unless said vehicle is being used in the normal day-to-day operations of the use of the premises on which the vehicle is parked or stored.
OUTPARCEL SIGNA sign affixed to a freestanding unit of occupancy contained within a planned center.
PERMANENT SIGNA sign that is expected to be continuously displayed during the presence of a principal land use.
PORTABLE SIGNA sign which is intended to easily be moved and not permanently affixed to a structure or the ground.
TEMPORARY SIGNA sign that is only permitted for specified periods of time, associated with some temporary event or work, conducted on the site.
UNDER-CANOPY SIGNA sign that identifies one leasable unit within a shopping center and is hung from an overhead canopy of the shopping center, or is provided as a wall projecting sign attached to the front wall of the unit where no canopy is provided.
WALL PROJECTING SIGNA sign mounted to a building wall such that its principal display area is not parallel to the building wall. It can also be attached to a marquee.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any abutting or adjoining lot.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, female breasts below a point immediately
above the top of areolas, human male genitals in a discernible turgid
state, or any combination thereof, even if completely and opaquely
covered. (See "adult-related uses.")
For the purposes of this chapter, this term shall include
any of the following (see "adult-related uses"):
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral-anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context
of a sexual relationship, and any of the following depicted sexually
oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty;
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence;
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation;
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast;
Masochism, erotic or sexually oriented torture, beating, or
the infliction of pain;
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation.
A function involving the deposition of materials, goods,
products, or any combination thereof, for safekeeping.
That part of a building located between a floor and the floor
or roof next above. The first story of a building is the lowest story,
having 75% or more of its wall area above grade level. A half-story
is a story under a gable, hip or gambrel roof, the wall plate of which
on at least two opposite exterior walls is not more than two feet
above such story.
Includes street, avenue, boulevard, road, highway, freeway,
lane, viaduct and any other dedicated and adopted public right-of-way,
or private right-of-way, used or intended to be used by vehicular
traffic, pedestrians, or both.
A line defining the edge of a street right-of-way and separating
the street from abutting property or lots. The street line shall be
the same as the legal right-of-way line currently in existence.
Any assembly of materials constructed or erected with a fixed
location on the ground, or attached to something having a fixed location
on the ground, any portion of which is above the natural surface grade,
excluding mailboxes, swing sets, bird feeders, birdhouses, decorative
fountains, sandboxes, pools, impervious and semi-impervious coverage
for patios, driveways, parking areas and sidewalks, fences, signs
and other similar nonpermanent objects. This term does include any
man-made object having an ascertainable stationary location on or
in land or water whether or not affixed to land. For purposes of the
Restricted Development Overlay, the term "structure" shall include
anything constructed or erected on the ground or attached to the ground,
including but not limited to buildings, sheds, manufactured homes
and other similar items.
STRUCTURE, ACCESSORYA structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
STRUCTURE, PRINCIPALA structure associated with a primary use.
Structures shall not include such things as temporary fences,
sandboxes, decorative fountains, swing sets, doghouses, birdhouses,
bird feeders, mailboxes, and any other similar nonpermanent improvements.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs, or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Any pool, not located within a completely enclosed building,
and containing, or normally capable of containing, water to a depth
at any point greater than 1 1/2 feet. Farm ponds, ornamental
ponds and lakes are not included, provided that swimming was not the
primary purpose for their construction.
A function involving the examination and assessment of qualities,
performances, capabilities, or any combination thereof, of a product,
good or material.
A dwelling unit placed on a property for occupancy as a residential dwelling with a habitable area of not less than 150 square feet and not more than 699 square feet, constructed on a permanent foundation. A tiny home shall be considered a mobile home and shall comply with all requirements of this chapter and Chapter 490 regarding single-family dwellings. All tiny homes must be certified by Housing and Urban Development (HUD).
Hellam Township, York County, Pennsylvania.
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied or maintained.
USE, ACCESSORYA use on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
USE, PRINCIPALThe main or primary use of property or structures.
See "certificate of use and occupancy."
Any channel or conveyance of surface water having a defined
bed and banks, such as a stream, river, brook, or creek, whether natural
or artificial, with perennial, intermittent, or seasonal flow. This
shall not include any channel or ditch designed and constructed solely
to carry stormwater.
Those areas 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, including swamps, marshes,
bogs, ponds, lakes, and similar areas. "Wetlands" shall include any
area so delineated by the National Wetlands Inventory of the U.S.
Fish and Wildlife Service and all lands regulated as wetlands by the
Pennsylvania Department of Environmental Protection (PADEP) or the
United States Army Corps of Engineers (ACE). In the event there is
a conflict between the definitions of these agencies, the more restrictive
definition that defines the wetlands most expansively shall apply.
Any distribution procedure involving persons who, in the
normal course of business, do not engage in sales to the general public.
An opening to the outside other than a door which provides
all or part of the required natural light, natural ventilation or
both to an interior space. The glazed portion of a door in an exterior
wall may be construed to be a window in regard to provision of natural
light.
An area between the permitted structures and the property
lines.
YARD, FRONTThe area contained between the street right-of-way line and the principal structure. For flag lots, the front yard shall be that area between the principal structure and that property line which is most parallel to the street that provides access and is not part of the flagpole.
YARD, REARThe area contained between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be that area between the principal structure and that lot line which is directly opposite the above-described front yard.
YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s). For flag lots, the side yards shall be the area between the principal structure and that one outermost lot line which forms the flag and pole, plus the area on the opposite side of the principal structure.
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The designation of specified districts within the Township,
reserving them for certain uses together with limitations on lot size,
heights of structures and other stipulated requirements.
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
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Editor's Note: See 53 P.S. § 10101 et seq.
