Borough of Mountville, PA Terminology

[Ord. No. 294, 9/23/2019]

For the purposes of this chapter, the following terms shall have the following meanings:

The relinquishment of property, or a cessation of the use of the property, by the owner without the intention of transferring rights to the property to another owner, or of resuming the use of the property.

ABUT or ABUTTING

Areas of contiguous lots that share a common property line or lot line, or are separated by a common border, including easements, but excluding lots entirely separated by a public right-of-way for a street or alley.

ACCESS AISLE

The traveled way by which automobiles and other similar motor vehicles enter and depart parking spaces.

ACCESS DRIVE

A public or private drive, other than a driveway, providing vehicular access to and between parking areas for more than two parking spaces within a land development; or any drive servicing three or more units of occupancy on a single lot.

ACCESSORY ALTERNATIVE ENERGY SYSTEM

An alternative energy system that supplies energy primarily for on-site use, except that when a property upon which the system is installed also receives electrical power supplied by a utility company, excess electrical power generated and not presently needed for on-site use may be used by the utility company. This definition shall not in any way limit or preclude those accessory alternative energy systems conducted pursuant to and part of power purchase agreements.

ACCESSORY DWELLING UNIT (ADU)

A small, self-contained residential unit built on the same lot as an existing single-family dwelling. ADUs may be built within a primary residence, attached to the primary residence, or detached from the primary residence. An ADU is subordinate in size, location, and function to the primary residential unit. Accessory dwelling units are also known as "accessory residential unit," "ECHO housing," "granny flat," "in-law apartment," etc.

ACCESSORY EQUIPMENT

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.

ACTIVITY

The use of land, structure, or building for a specific purpose.

ADAPTIVE REUSE

The act of converting structures to a new use other than that for which it was originally designed and used, in a sympathetic, compatible, and context-sensitive manner.

ADJACENT

Two or more abutting lots or two or more lots separated only by a public street right-of-way, another lot, or as otherwise specified in this chapter.

ADULT REGULATED BUSINESS

An establishment open to the general public or a private club open to members, except persons under the age of 18 years, which is used and occupied for one or more of the following activities:

ADULT BOOK STOREAn establishment in which 20% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, of pictures, photographs, drawings, prints, images, sculpture, still film, motion picture film, video tape, or similar visual representations, distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale.

ADULT CABARETAn establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.

ADULT GAMBLING AND GAMINGAn establishment or facility in which gambling or gaming is conducted, including those activities permitted under Act 2004-71[1] as most recently amended, including support facilities for such use including access, parking, services and utilities but not including Small Games of Chance permitted under Act 1988-156.[2]

ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons regardless of whether or not the same includes sexual conduct.

ADULT THEATERA building, or a room within a building, used for presenting motion picture film, video tape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.

AESTHETIC

The perception of artistic elements or elements in the natural or man-made environment which are pleasing to the eye.

AGRICULTURAL OPERATION

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 by farmers or are consistent with technological development within the agricultural industry.

ALCOHOLIC BEVERAGES

Any and all beverages, including malt beverages, which contain alcohol, liquor or such other intoxicating substances as are further defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101 et seq, Act of June 29, 1987, P.L. 32, as amended.

ALLEY

A permanent service way providing secondary means of access to abutting lands.

ALTERATION

Any change or rearrangement in the structural parts or in the existing facilities of a building or structure, or any enlargement thereof, whether by extension on any side or by an increase in height, or the moving of such building from one location or position to another.

ALTERNATIVE ENERGY SYSTEM

Any one or more method and facilities used in the conversion, storage, and distribution including electrical infrastructure, transmission lines, and other appurtenant structures and facilities of renewable energy sources, including but not limited to sunlight, wind, rain, tides, and geothermal heat.

AMENDMENT

Revisions to the zoning text and/or the Zoning Map to depict a change in use, standards and criteria, or zoning district location(s).

AMUSEMENT ATTRACTION

An area used by a commercially operated enterprise that offers amusement or agritainment activities and events for the purpose of giving its guests amusement, pleasure, thrills or excitement.

ANIMAL HOSPITAL

An establishment offering veterinary services to all types of animals, which also includes outdoor or overnight keeping or boarding of animals.

ANSI CODE

American National Standards Institute Code.

ANTENNA

Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. An antenna shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

APARTMENT

An individual independent dwelling unit within a residential building.

APARTMENT CONVERSION

The creation of multifamily dwelling units or apartments by converting an existing single-family detached dwelling without substantially altering the exterior of the building.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.

APPURTENANCES

The visible, functional, or ornamental objects accessory to and part of buildings.

AUTHORITY

A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No.164), known as the "Municipality Authorities Act of 1945."[3]

AUTOMOBILE AND MOTOR VEHICLE FUELING, SERVICE AND REPAIR STATION

Buildings and land where gasoline and other automobile parts and supplies are sold at retail and where major vehicular or boat repairs are conducted. This definition shall include an automobile body shop.

AUTOMOBILE AND MOTOR VEHICLE SALES ESTABLISHMENT

An indoor or outdoor area, other than a street, used for the display, sale or rental of new or used motor vehicles, recreation vehicles or boats in operable condition, and where no major vehicular or boat repair work is done. Trucks, motorcycles, all-terrain vehicles (ATV), and off-highway vehicles (OHV) shall be included in this definition.

BALLOON RELEASE

The release into the atmosphere of anything designed to float in the air, excluding passenger-carrying hot air balloons, as part of any event, ceremony, or charity fund-raising.

BANK

See "financial institution."

BAR

See "tavern/bar/pub."

BASE STATION

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 section 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 (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmissions) 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 section, 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.

The term does not include any structure that, at the time the relevant application is filed with the Borough under this chapter, does not support or house equipment described in Subsection A or B of this section.

BED-AND-BREAKFAST

An owner-occupied or manager-occupied establishment within a single-family detached dwelling and/or the associated accessory structure, providing temporary overnight lodging accommodations in sleeping rooms/units for transient guest-related meal service for compensation. Bed-and-breakfast establishments may also host accommodations for private events (e.g., weddings and conferences). Temporary overnight lodging occurs within individual sleeping rooms/units which do not contain cooking facilities.

BERM

A mound of soil, either natural or man-made, used to obstruct views and attenuate sound, among other purposes.

BEST MANAGEMENT PRACTICES (BMPs)

Activities, facilities, designs, measures or procedures used to manage stormwater impacts from regulated activities, to meet state water quality requirements, to promote groundwater recharge and to otherwise meet the purposes of this chapter. Stormwater BMPs are commonly grouped into one of two broad categories or measures: "nonstructural" or "structural." "Nonstructural" BMPs are measures referred to as operational and/or behavior-related practices that attempt to minimize stormwater runoff generation resulting from an alteration of the land surface or the contact of pollutants with stormwater runoff, whereas "structural" BMPs are measures that consist of a physical device or practice that is installed to capture and treat stormwater runoff. "Structural" BMPs include, but are not limited to, a wide variety of practices and devices, from large-scale wet ponds and constructed wetlands, to small-scale underground treatment systems, infiltration facilities, filter strips, low-impact design, bioretention, wet ponds, permeable paving, grassed swales, riparian or forested buffers, sand filters, detention basins, and manufactured devices. "Structural" stormwater BMPs are permanent appurtenances to the project site.

BOARD

The Zoning Hearing Board of the Borough of Mountville.

BOARDING HOUSE, ROOMING HOUSE or LODGING HOUSE

A dwelling, or that part of a dwelling, in which the owner or tenant rents no more than three rental units for residential or lodging purposes, regardless of whether meals are furnished or not. For the purpose of this definition, a rental unit is one or more rooms intended to be occupied by one family as separate living quarters, but do not contain kitchen facilities.

BOROUGH COUNCIL

The Mountville Borough Council also may be referenced as the "Borough Council." (See "governing body.")

BOROUGH ENGINEER

A qualified, professional engineer licensed and registered to practice in the Commonwealth of Pennsylvania, designated by Mountville Borough Council to furnish professional and technical assistance for the administration of this chapter.

BOROUGH PLANNING COMMISSION

The Mountville Borough Planning Commission.

BOROUGH SOLICITOR

The licensed attorney licensed to practice in the Commonwealth of Pennsylvania designated by the Mountville Borough Council to furnish professional legal assistance for the administration of this chapter.

BUFFER

An open area of land that is located between two uses, and intended to mitigate negative impacts, such as visual and noise, of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district.

BUFFER YARD

An open area of land that is located between two uses, that is intended to mitigate negative impacts, such as visual and noise, of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district, whose dimensions normally exceed, but may include, where specified, the required building setback or yard requirements, and which is generally planted and may include required screening, and within which no building or structure shall be permitted except those used as part of required screening as otherwise provided for in this chapter.

BUILDING

Any structure, either temporary or permanent, having walls and a roof or other covering, designed or used for the shelter or enclosure of any person, animal or property of any kind or combination thereof, including tents, awnings or vehicles situated on private property and used for purposes stated above.

BUILDING CODE OFFICIAL

The administrative officer certified by the PA Department of Labor and Industry to manage, supervise, administer code enforcement activities and issue building permits under the authority of the PA Uniform Construction Code,[4] who is appointed by the Mountville Borough Council.

BUILDING HEIGHT

The vertical distance from the grade at the front of the building or the average of the grade of the street fronts, if building faces more than one street, to the highest point of the roof beams of a flat roof and to the peak or ridge for gabled, hipped and pitched roofs. Chimneys, flues, vent pipes, water tanks, elevator houses, spires, ventilators, air-conditioning equipment, solar energy panels and similar vertical projections are excluded from this definition.

BUILDING LINE

A line parallel to the front, side, and/or rear lot line, touching that part of the structure closest to said lot line.

BUILDING PERMIT

A document signed by the Building Code Official as a condition that shall be met prior to commencing with the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure, that acknowledges that such structure complies with the provisions of Chapter 5 of the Codified Ordinances of the Borough, and this chapter relating to zoning.

BUILDING SETBACK LINE

See "setback line."

BUILDING, ACCESSORY

A detached, subordinate structure, the use of which is customarily incidental and subordinate to that of the principal building, or otherwise principal use of the lot, and which is located on the same lot as that occupied by the principal building, structure, or otherwise principal use of the lot.

BUILDING, ATTACHED

A building connected to another building via one or more common party wall(s).

BUILDING, DETACHED

A building surrounded by open space on the same lot.

BUILDING, PRINCIPAL

The main or primary structure, the use of which is primary and essential to that of any accessory building, structure, or other accessory use of the lot, and which is located on the same lot as any accessory building, structure, or other accessory use of the lot.

BUILDING, SEMIDETACHED

A building which has one party wall in common with an adjacent building.

BUSINESS OFFICE

An office which generally operates on an appointment basis and with relatively low pedestrian or vehicular traffic, including offices of accountants, actuaries, architects, attorneys, clergy, dentists, designers, engineers, insurance and bonding agents, manufacturing representatives, physicians, real estate offices, teachers and miscellaneous consulting services. See also "office, professional."

CALIPER, TREE

The diameter of a tree trunk measured at 4 1/2 feet from ground level.

CAMP or CAMPGROUND

A lot, tract or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients for seasonal, recreational or similar type living purposes in temporary, movable buildings such as recreational vehicles, tents or shelters, and which may include accessory recreational facilities.

CAMPSITES

A plot of ground within a campground intended for occupation by a recreational vehicle, tent or shelter.

CARE FACILITIES

Establishments which provide food, shelter, personal assistance, supervision and/or medical or other health- and social-related services for individuals not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care:

CONVALESCENT or NURSING HOMEA licensed establishment which provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill, surgical, or obstetrical services shall be provided in such a home.

DAY-CARE CENTER, ADULT or CHILDA facility which provides supervised care for a combined total of six or more children or adults per day, where the facility is not being used as a residence. The facility may also be described as a nursery school.

DOMICILIARY CARE HOMEAn existing building or structure designed as a detached dwelling unit for one family which provides twenty-four-hour supervised protective living arrangements by the family residing therein for not more than three unrelated persons 18 years of age and above who are disabled physically, mentally, emotionally or who are aged persons.

FAMILY DAY-CARE HOMEA facility located in a single-family detached dwelling which provides supervised care for remuneration to not more than six children or adults who are not relatives of the caregiver.

GROUP DAY-CARE HOMEA facility located in a single-family detached dwelling which provides supervised care for remuneration to more than six but less than 12 children or adults who are not relatives of the caregiver.

GROUP HOMEA type of group quarters designed for up to eight persons of mentally, emotionally and/or physically disabled persons living and cooking together in a single facility. A group home shall be directly affiliated with a parent institution which provides for the administration of the residents, who may be required to reside on the premises to benefit from the service, through the direction of a professional staff and for supervision of residents by full-time resident staff. This definition shall expressly include care for unwed parents, their children and those who have been physically abused.

PERSONAL CARE BOARDING HOMEA type of group quarters, specifically a premises in which food, shelter, and personal assistance and/or supervision are provided, on a state- or federal-licensed basis, for a period exceeding 24 consecutive hours for at least four but not more than 16 persons who are over the age of 18, are not relatives of the operator and who are aged, blind, disabled, infirm or dependent but do not require skilled or intermediate nursing care.

CARPORT

A roofed structure that is enclosed on not more than two sides and provides space for the parking of motor vehicles, and is accessory to a principal or accessory structure, unless it is attached to the structure, in which case, it shall comply with all applicable principal or accessory structure standards of this chapter.

CARTWAY

The portion of a street or alley intended for vehicular use.

CAR WASH

A facility devoted to the washing and waxing of the exterior of vehicles and the cleaning of their interiors by automated equipment and employees of the establishment, but where no sale of gasoline, preventive maintenance or repair to the vehicles shall be offered and performed.

CELLAR

A portion of a building or structure having a finished floor-to-ceiling height less than seven feet, and more than 1/2 of its finished floor-to-ceiling height below the average elevation of the finished grade abutting the exterior walls of the building. A cellar shall not be considered a story in determining the permissible number of stories.

CEMETERY

An establishment involving the burial of and/or long-term interment of human or animal remains either in the ground or in structures such as columbariums, mausoleums, and entombments. Cemeteries may also include cremation facilities.

CERTIFICATE OF USE AND OCCUPANCY

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 and/or zoning permit.

CHANGE OF USE

Any use that differs from the previous use of a structure or land.

CHIMNEY

A structure containing one or more flues for drawing off emissions from stationary sources of combustion.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at the intersection of two or more streets, access drives, driveways, or alleys or any combination of the foregoing. It is defined by lines of sight between points at a given distance from the intersection of the center lines of both streets, access drives, driveways, or alleys.

CO-LOCATION

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.

COMMERCIAL RECREATION, INDOOR

An establishment operated as a gainful business, open to the public, for the purpose of leisure-time activities, public recreation or entertainment, including, but not limited to, amusement arcade, arena, assembly hall, bingo parlor, bowling alley, gymnasium, health and fitness club, miniature golf course, skating rink, shooting range, swimming pool, dance or gymnastic instructional school, tennis courts, etc., when operated within a completely enclosed building.

COMMERCIAL RECREATION, OUTDOOR

An establishment operated as a gainful business and open to the public upon open land, wholly or partially outside of a building, for the purpose of leisure-time activities, public recreation or entertainment such as a swimming pool, tennis court, batting and pitching cages, go-cart track, and skating rinks, and that may also include amusement rides or regular live entertainment. This use excludes a park, golf course and an outdoor shooting range.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment including, without limitation, ham or citizen band radio antennas.

COMMUNITY CENTER

An establishment used for noncommercial recreational, social, educational, and cultural activities, open to the public or a designated part of the public, owned or operated by a public or nonprofit group or agency.

COMPATIBLE

Capable of associating or blending with or being associated or blended because of sensitive, harmonious, agreeable, appropriate, or consistent combination with another or other.

COMPREHENSIVE PLAN

The plan, or parts thereof, which has been adopted by Council, showing its recommendations for such systems as parks and recreation facilities, water supply, sewer and sewage disposal, transportation highways, civic centers, and other public improvements which affect the development of the Borough. "Growing Together: A Comprehensive Plan for Central Lancaster County, Pennsylvania," shall hereafter be referred to as "Growing Together."

CONDOMINIUM

A form of ownership of real property, as defined in the Pennsylvania Uniform Condominium Act of 1980,[5] which includes a multiple-unit land development in which there is a system of separate ownership of individual units of occupancy and undivided interest of land and common facilities. For purposes of this chapter, the specific uses associated with a condominium shall be regulated by the applicable standards of this chapter regardless of the form of ownership.

CONSISTENT

In agreement; compatible.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a structure, including the placement of mobile/manufactured homes.

CONTEXT

The conditions and circumstances that are relevant to a setting, event, fact, etc.

CONTIGUOUS

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.

CONVENIENCE STORE

An establishment primarily engaged in the retail sale of frequently or reoccurring needed goods for household consumption, of prepackaged food and beverages, foods prepared on site, magazines, lottery tickets, tobacco products, and limited household supplies, and hardware; as well as the rental of videotapes, DVDs and video games. The use also may include the on-site consumption of food and beverages, as well as the retail sale of fuel for passenger vehicles, oil, grease, automobile accessories, propane, and kerosene, and automatic car-washing facilities.

CORNICE

The projecting horizontal element that tops a wall or flat roof.

COTTAGE INDUSTRY

A small-scale industry that is carried on at home by family members using their own equipment and tools.

CREMATORIUM

A building fitted with the proper appliances for the purposes of the cremation of human remains and includes everything incidental or ancillary thereto.

CURATIVE AMENDMENT

A proposed zoning amendment made to the Council by any landowner who desires to challenge on substantive grounds the validity of an ordinance which prohibits or restricts the use or development of land in which he has an interest.

CURB

A stone, concrete, or other improved boundary usually marking the edge of the roadway, access drive, or paved area.

CURB CUT

The opening along the curb line at which point vehicles may enter or leave the roadway.

DECK

An elevated, open, exterior structure, platform, or floor supported on at least two opposing sides by an adjacent structure, and/or posts, piers or other independent supports.

DENSITY

The number of dwelling units or units of occupancy within a standard measure of land area, usually given as units per acre.

DEP

Pennsylvania Department of Environmental Protection.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.

DISTRIBUTED ANTENNA SYSTEM (DAS)

A small network of antennas that are connected to a common source that provides coverage in a building or a small geographic area.

DISTRIBUTION

A process whereby materials, goods, cargo, and products are received and stored by one entity and then delivered to another.

DISTRIBUTION CENTER

An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle.

DORMER

A projection from a sloping roof which contains a window.

DRIVE-IN

A business establishment so developed that its retail or service character is dependent upon providing an access drive approach or spaces for motor vehicles to service patrons while in or on the motor vehicle rather than within a building.

DRIVE-THROUGH

A feature of an establishment which encourages or permits customers to receive services or obtain goods while remaining in or on a motor vehicle.

DRIVEWAY

A private drive, other than an access drive, providing vehicular access between a street or access drive and a parking area for not more than two residential units of occupancy.

DRONE

An unmanned aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.

DUMPSTER

A container, generally two or more cubic yards in capacity, for the disposing of refuse, whether generated by residential, nonresidential, or other use.

DWELLING

A building or part thereof, designed or used as a living quarters for one or more families including mobile homes, which are supported by a permanent foundation. The term "dwelling" shall not be deemed to include boarding or rooming house, tourist home, hotel, motel, hospital, nursing home, dormitory, fraternity, sorority house or other group residence, tent, recreational vehicle, treatment center or other accommodations used for transient occupancy.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitation facilities.

DWELLING, MULTIFAMILY

A building occupied and used by three or more families living independently of each other, wherein each dwelling unit shall contain private bath and kitchen facilities. Includes apartment homes/houses. See Figure 2.1, Multi-Family Dwelling Example - Plan View, and Figure 2.2, Multifamily Dwelling Example - Profile View.

Figure 2.1 Multifamily Dwelling Example - Plan View

Figure 2.2 Multifamily Dwelling Example - Profile View

DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE or ROW HOUSE)

A building containing one dwelling unit occupied and used by one family, having at least one party wall in common with other single-family attached dwelling(s). For units having one party wall, there shall be one side yard, and for units having two party walls, there shall be no side yards (except on corner lots). Standards and regulations of this chapter shall apply to individual units, whether on a common lot or on individual lots. Includes townhomes/houses and row homes/houses. See Figure 2.3, Single-Family Attached Dwellings Example - Plan View, Figure 2.4, Single-Family Attached Dwellings Example - Profile View, Figure 2.5, Single-Family Attached Dwellings (On 1 Lot) Example - Plan View, and Figure 2.6, Single-Family Attached Dwellings (On 1 Lot) Example - Profile View.

Figure 2.3 Single-Family Attached Dwellings Example - Plan View

Figure 2.4 Single-Family Attached Dwellings Example - Profile View

Figure 2.5 Single-Family Attached Dwellings (On 1 Lot) Example - Plan View

Figure 2.6 Single-Family Attached Dwellings (On 1 Lot) Example - Profile View

DWELLING, SINGLE-FAMILY DETACHED

A building containing one dwelling unit occupied and used by one family, and having two side yards (except on corner lots). See Figure 2.7, Single-Family Detached Dwelling Example - Plan View, and Figure 2.8, Single-Family Detached Dwelling Example - Profile View.

Figure 2.7 Single-Family Detached Dwelling Example - Plan View

Figure 2.8 Single-Family Detached Example - Profile View

DWELLING, SINGLE-FAMILY SEMIDETACHED

A building containing one dwelling unit occupied and used by one family and having one party wall in common with another single-family semidetached dwelling building and one side yard (except on corner lots). See Figure 2.9, Single-Family Semidetached Dwelling Example - Plan View, and Figure 2.10, Single-Family Semidetached Dwelling Example - Profile View.

Figure 2.9 Single-Family Semidetached Dwelling Example - Plan View

Figure 2.10 Single-Family Semidetached Dwelling Example - Profile View

DWELLING, TWO-FAMILY DETACHED

A building containing two dwelling units each occupied and used by one family, with one dwelling unit arranged over the other or beside the other, and having two side yards (except on corner lots). See Figure 2.11, Two-Family Dwelling Example - Plan View, and Figure 2.12, Two-Family Dwelling Example - Profile View.

Figure 2.11 Two-Family Dwelling Example - Plan View

Figure 2.12 Two-Family Dwelling Example - Profile View

EASEMENT

A limited right of use granted in private land for a public or quasi-public purpose.

EAVE

Projecting overhang at the lower border of a roof and extending from a primary wall or support.

ELECTRIC-GENERATION FACILITY

A facility that produces electricity, owned and operated by an electric utility or independent producer.

Facilities using fossil fuels such as coal, oil and natural gas.

Hydroelectric facilities.

Nuclear facilities.

Alternative energy sources:

(1)

SOLAR FACILITIES (SOLAR FARMS)One or more solar arrays or a power plant that uses solar arrays to convert sunlight into electricity.

(2)

WIND FACILITIES (WIND FARMS)One or more windmills or wind turbines or a power plant that uses windmills or wind turbines to generate electricity. The term does not include a single traditional small-scale windmill for use on a farm or single private property.

(3)

BIO-GAS FACILITIESAny facility in which electricity is generated using fuel consisting of methane produced as part of an anaerobic digestion processes.

ELIGIBLE FACILITIES REQUEST

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.

ELIGIBLE SUPPORT STRUCTURE

Any tower or base station, provided that it is existing at the time the relevant application is filed.

EMERGENCY SERVICES

An establishment for the maintenance, fueling, storage, dispatching, or parking of vehicles and/or equipment utilized for fire, emergency medical, and ambulatory services and related activities, other than those owned and/or operated by the Borough, and/or its authorized municipal authorities and/or agents. This use may include housing for related personnel while on call.

EMPLOYEES, NUMBER OF

The greatest number of workers, including both part-time and full-time both compensated and volunteer and both employees and contractors present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ENLARGEMENT

An increase in the size of an existing structure or use, including physical size of the property, structure, building, parking, and other improvements.

ENROLLMENT

The largest number of students under educational supervision at any one time.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

EROSION

The movement of soil particles by the action of water, wind, ice, or other natural forces.

ESSENTIAL SERVICES

The provision by public utilities, municipal, or other governmental units regulated by the Public Utility Commission (PUC) or other governmental agencies of underground or overhead gas, electrical, steam or water pipes, sewer and storm sewer facilities, and wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, traffic signals, hydrants and similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate services by such public utilities, municipal, or governmental units or for the public health, safety or general welfare.

ESTABLISHMENT

Any organization, including a business, whether private, public, governmental, social, or otherwise, together with its owners, directors, employees, members, merchandise, inventory, and equipment, founded for a specific purpose.

EVERGREEN

Plants having foliage that persists and remains green throughout the year.

EXCAVATION

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.

FACADE

That portion of any exterior elevation on a building extending from grade to the top of the parapet, wall or eaves, and extending the entire length of a building on all sides.

FAIRGROUNDS

An open area for holding fairs or exhibitions or circuses.

FAMILY

One or more persons that may or may not be related by blood, marriage, foster relationship or adoption living together in a single dwelling and maintaining and functioning as a common household.

FARM SUPPLY AND EQUIPMENT SALES

The use of any building, structure, or land for the sales, storage, or service of machinery used in farming for agricultural purposes. Does not include sales, storage, or service of vehicles and other machinery not associated with farming.

FARMERS MARKET

An indoor or outdoor public market at which farmers, producers and other vendors sell farm products, value-added farm products and other commodities directly to consumers.

FARM PRODUCTSFruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, yogurt, cheese and other dairy products), and seafood.

VALUE-ADDED FARM PRODUCTAny product processed by a producer from a farm product, such as baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flours, coffee, smoked or canned meats or fish, sausages, or prepared foods.

PRODUCERPerson or entity that raises or farms products on land that the person or entity farms and owns, rents or leases, or a person or entity that creates (by cooking, canning, baking, preserving, roasting, etc.) "value-added farm products."

FCC

Federal Communications Commission.

FENCE

A man-made barrier placed or arranged as a line of demarcation between lots or to enclose a lot or portion thereof. The term "fence" shall be deemed to include a wall.

FILL

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom. The amount of fill shall be considered the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.

FINANCIAL INSTITUTION

A bank, savings-and-loan association, credit union, finance or loan company or similar establishment.

FINISHED GRADE

The elevation of the land surface of a site after completion of all site preparation work.

FIRE ESCAPE

A structure, device, or appurtenance, including stairways, railings, ladders, etc. attached to the exterior of a building, erected for emergency exit in the event of fire.

FITNESS/HEALTH CENTER

A facility providing fitness, health and dietary instruction and training by certified professionals. Aerobic, cardiovascular and weight training instruction and equipment may be available as well as martial arts instruction, aquatic activities, and massage and other physical therapy. Fitness and health centers may include a snack bar or cafe that is incidental and accessory to the principal use.

FLOODPLAIN TERMS AND PHRASES

See Chapter 8, Floodplain Regulations, of the Codified Ordinances of the Borough.

FLOOR AREA, GROSS

The total space of all floors, as measured to the outside surfaces of exterior walls (or from the center line of party walls separating two buildings), but excluding cellars, crawl spaces, garages, carports, attics without floors, open porches, balconies and terraces.

FLOOR AREA, HABITABLE

Floor area within the perimeter of the interior walls of the building under consideration used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closets, laundries, pantries, corridors, stairways, closets, basement recreation rooms and storage spaces.

FLOOR AREA, NET

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.

FORESTRY (TIMBER HARVESTING)

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.

FT. WORTH ATTACHMENT

A nonfreestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

FUEL STORAGE FACILITY

An establishment primarily engaged in the bulk storage and distribution of petroleum, fuel oil, propane or other similar inflammable products in fuel storage tanks, including the service and ancillary sale of related facilities and products.

FUNERAL HOME

A building designed for the purpose of the preparation and viewing of the deceased prior to burial or cremation. Funeral homes shall not include cemeteries, columbariums, mausoleums, or entombments, but may include mortuaries and crematoriums.

GARAGE SALES/YARD SALES

A temporary use conducted from or on a residential premises in any zoning district involving all general sales and open to the public for the purpose of disposing of personal property.

GARAGE, CARPORT

An accessory building for the storage of one or more automobiles, other vehicles accessory and incidental to the principal use of the premises, or both.

GOLF COURSE

A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways, and hazards and that may include a clubhouse, shelters, maintenance and storage facilities, and a driving range.

GOVERNING BODY

The Council in cities, boroughs and incorporated towns; the Board of Commissioners in townships of the first class; the Board of Supervisors in townships of the second class; the Board of Commissioners in counties of the second class through eighth class or as may be designated in the law providing for the form of government. See also "Borough Council."

GOVERNMENT FACILITY, OTHER THAN MUNICIPAL-OWNED USE

Any establishment, use, facility, and/or structure owned and/or operated by a government, government agency or government authority for valid public health, public safety, public welfare, or similar governmental purpose other than the Borough, its municipal authorities, and/or authorized agents. This term shall not include permitted uses defined, listed, and/or regulated separately elsewhere in this chapter.

GRADE

The elevation of existing or finished ground or paving.

The slope of existing or finished ground or paving.

GREENHOUSE

A structure whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment.

GROUND COVER

A planting of low-growing plants or sod that in time forms a dense mat covering the area, preventing soil from being blown or washed away and the growth of unwanted plants.

GROUP QUARTERS

Any dwelling or portion thereof which is designed or used for at least three but not more than eight persons unrelated to each other or to any family occupying the dwelling unit and having common eating facilities. Group quarters include, but are not limited to, fraternity and sorority houses, dormitories and other quarters of an institutional nature. Such quarters must be associated with a parent religious, educational, charitable or philanthropic institution.

HALFWAY HOUSE

A noninstitutional living arrangement with treatment and support services for persons with substance abuse problems or for inmates and parolees approaching parole release date or release from a corrections institution. The halfway house (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.

HARDWARE STORE

A retail establishment engaged in the sale of articles for the house and garden, including but not limited to, tools, keys, paint, small appliances, housewares and plumbing and electrical supplies and fixtures.

HAUNTED ENTERTAINMENT ATTRACTION

An amusement attraction which offers the public or invited users or patrons, whether charged a fee or not, attendance into a series of scenes and performances by actors and/or devices that are intended to scare, frighten, thrill or entertain the attendees.

HEIGHT

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. See also "building height."

HEIGHT OF WIRELESS COMMUNICATION SUPPORT SYSTEM AND ANTENNAS

The vertical distance measured from the ground level, including any base pad, to the highest point on a telecommunications tower, including antennas mounted on the tower and any other appurtenances, such as but not limited to, a lightning rod.

HOME OCCUPATION

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling. Also see "no-impact home occupation."

HOSPITAL

A hospital shall be licensed as such by the Department of Health of the Commonwealth of Pennsylvania. The term "hospital" shall not include any facility which houses the criminally insane or provides treatment for persons actively charged with or serving a sentence after being convicted of a felony.

HOTEL

An establishment providing temporary, overnight lodging accommodations for transient guests for compensation, in sleeping rooms/units that each has separate access to a common interior corridor and which may provide additional supporting services such as restaurants, meeting rooms, recreation facilities, and living quarters for a resident manager or proprietor.

HOUSE OF WORSHIP

A building, structure, or group of buildings or structures, including accessory uses, designed or intended for worship. Accessory uses may include rectories, convents, church-related schools, church day-care facilities, cemeteries or any combination thereof.

HOUSEHOLD

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.

HUNTING OR FISHING CAMP

A parcel of land with or without a dwelling, trailer or other building or structure which is intended only for seasonal or temporary occupancy, for the purpose of hunting or fishing.

IMPERVIOUS LOT COVERAGE

See "lot coverage."

IMPERVIOUS SURFACE (IMPERVIOUS AREA)

A surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but are not limited to: roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, and any new streets and sidewalks. Any surface area proposed to initially be gravel or crushed stone shall be assumed to be impervious, unless designed and maintained as an infiltration BMP. Decks, parking areas, and driveway areas are not counted as impervious areas if they do not prevent infiltration.

IMPROVEMENTS

Pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, stormwater management facilities, grading, street signs, plantings, and other items for the welfare of the property owners and the public.

INDUSTRY

The manufacturing, compounding, processing, assembly, or treatment of materials, articles, or merchandise.

INFILL

Development of land within the Borough accessible to infrastructure that is generally surrounded by development and has been bypassed, remained vacant, and/or is underused.

JUNK

Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed of, or other use or disposition.

JUNKYARD; AUTO RECYCLING CENTER

A lot, land or structure or parts thereof used for the collection, storage, dismantling, salvage or sale of used and discarded materials including, but not limited to, waste paper, rags, scrap metal or other scrap, salvage or discarded material, vehicles or machinery.

KENNEL

Any building or buildings and/or land used for the sheltering, boarding, breeding or training of six or more (in total) dogs, cats, fowl or other small domestic animals at least four months of age and kept for purposes of profit, but not to include riding academy, or livestock, animals and fowl raised for agricultural purposes. A kennel operation may include accessory uses such as animal grooming. The definition of "kennel" shall also include any and all definitions of kennel under the Pennsylvania Dog Law (3 P.S. §§ 459-101 through 459-1205), including but not limited to "kennel," "boarding kennel," "commercial kennel," and "rescue network kennel."

LAND DEVELOPMENT

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;

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; or

A subdivision of land.

Land development shall not include the following:

(1)

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;

(2)

The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

(3)

The addition or conversion of buildings or rides within the confines of an enterprise that would be considered an amusement park. For purposes of this subdefinition, 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 apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

(4)

A building addition to an existing nonresidential principal structure, provided that:

(a)

The addition does not create a need for substantial additional parking, per the Borough Zoning Ordinance;

(b)

The addition does not, in accordance with the Pennsylvania Sewage Facilities Act, Act 537 of 1966, as amended,[6] create the need for a sewage facility's plan revision (plan revision module for land development), or supplement;

(c)

The addition is not for the creation of additional units of occupancy;

(d)

The addition complies with all provisions of applicable Borough ordinances;

(e)

For the purposes of this subdefinition, the building addition exemption shall be limited cumulatively from the date of this chapter. The net addition shall be the sum of all additions after the date of the adoption of this chapter.

LANDFILL or SANITARY LANDFILL

A facility licensed and approved by the Pennsylvania Department of Environmental Protection for the disposal of solid waste where there is no reasonable probability of adverse effects on the public health or the environment from such disposal.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LAUNDRY AND/OR DRY-CLEANING ESTABLISHMENT

For the purposes of this chapter, only large-scale commercial/industrial operations apply, those establishments engaged primarily in high-volume laundry and garment services, including: power laundries (family and commercial), carpet/rug and upholstery cleaners, diaper service, garment pressing and dry cleaning, industrial laundries, and linen supply. Self-service laundries are included in "personal services."

LEASE

A contractual agreement for the use of lands, structures, buildings, or parts thereof for a fixed time and consideration.

LIBRARY

An establishment in which literary, musical, artistic or reference material (such as books, manuscripts, recordings or films) are kept for use but generally not for sale.

LIVE-WORK UNIT or LIVE-WORK SPACE

A building, or spaces within a building, used jointly for commercial and residential purposes, where the residential use of the space is secondary or accessory to the primary use as a place of work. In a live-work arrangement, storekeepers, trades people, doctors, lawyers, and others live upstairs from or adjacent to their shops or offices.

The act of loading and/or unloading of materials, goods, equipment, etc. from motor trucks, tractors and trailers, and/or other service vehicles.

LOADING SPACE

An off-street loading space upon an area of land, open or enclosed, other than a street right-of-way (excluding alleys), used primarily for the standing, loading, and/or unloading of motor trucks, tractors and trailers, and/or other service vehicles so as to avoid undue interference with the public use of streets, excluding alleys.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT ACCESS

A way or means of approach to provide vehicular access to a property.

LOT AREA, NET

The area contained within the property lines of the individual parcel of land, including the area of any utility easement or stormwater management facility, but excluding space within the street right-of-way.

LOT COVERAGE

That portion or percentage of the lot area covered by impervious surface. See "impervious lot coverage."

LOT FRONTAGE

That portion of a lot abutting on the street right-of-way, excluding alleys, and regarded as the front of the lot.

LOT LINE

Any line dividing one lot from another.

LOT LINE, FRONT

The lot line separating a lot from the ultimate street right-of-way, excluding alleys. In the case of a corner lot abutting a street right-of-way on more than one side, there shall be two front lot lines, one side lot line and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise, it shall be the lot line opposite the lot line along the street of address.

LOT LINE, REAR

The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. A corner lot shall have two front lot lines and one side lot line, and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise, it shall be the lot line opposite the lot line along the street of address.

LOT LINE, SIDE

Any lot line other than a front or rear lot line. A corner lot shall have two front lot lines and one side lot line, and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise, it shall be the lot line opposite the lot line along the street of address.

LOT OF RECORD

A lot which is a part of a subdivision, the plan of which was recorded, or a parcel of land, the deed of which was recorded in the office of the Lancaster County Recorder of Deeds prior to the adoption of this chapter.

LOT WIDTH

The horizontal distance between the side lines of a lot measured at the front lot line, or measured at the front setback line, as required in the applicable zoning district.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets, excluding alleys, or at the point of abrupt change of a single street, where the interior angle is less than 135° or the radius of the street line is less than 10 feet. A corner lot shall have two front lot lines and one side lot line, and one rear lot line. The rear lot line for a corner lot shall coincide with the lot line abutting any alley; otherwise, it shall be the lot line opposite the lot line along the street of address. See Figure 2.13, Typical Lots.

LOT DEPTH

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.

LOT, DOUBLE-FRONTAGE

An interior lot that abuts two or more parallel or nonintersecting streets, excluding alleys, generally at the front lot and rear lot lines. Figure 2.13, Typical Lots.

LOT, INTERIOR

A lot whose side lot lines do not abut upon any street, excluding alleys; a lot other than a corner lot. Lots abutting and bounded by one street, two alleys, and one other lot shall be considered interior lots. Figure 2.13, Typical Lots.

LOT, REVERSE-FRONTAGE

An interior through or double frontage lot that is not accessible from one of the parallel or nonintersecting streets upon which it abuts and fronts. Figure 2.13, Typical Lots.

Figure 2.13 Typical Lots

MANUFACTURING

The mechanical or chemical treatment or processing of raw products or the production or assembly of finished products from raw or prepared materials into new forms or qualities.

MASSAGE

Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations.

MASSAGE THERAPIST

A person holding a valid massage license issued by the Commonwealth of Pennsylvania or, absent such licensing procedure, satisfying either of the following criteria:

Has graduated from a school licensed by the Commonwealth of Pennsylvania, or by another state of the United States, which requires at least 500 hours of education in massage and/or bodywork techniques, anatomy and physiology, and who is a member of a nationally recognized professional organization for massage and/or bodywork therapists that adheres to a code of ethics; or

Holds current and valid certification from the National Certification Board of Therapeutic Massage and Bodywork (NCBTMB).

MEDICAL OFFICE or MEDICAL CLINIC

A place, building or portion of a building used exclusively by physicians, optometrists, chiropractors, dentists, physical therapists, massage therapists, or other drugless practitioners involving nonsurgical treatment, care, examination and diagnosis, and preventative health services, including inoculation and educational services to outpatients. This definition includes medical laboratories used in the taking, analyzing and testing of physical samples and specimens for the diagnosis and treatment of patients.

METHADONE TREATMENT FACILITY

A commercial use of land and/or buildings for a facility licensed by the Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.

MINERAL EXTRACTION AND PROCESSING

A site where a mineral, stone, sand, gravel or topsoil is excavated and processed.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MINI-STORAGE/SELF-STORAGE FACILITY

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage and no processing, manufacturing, sales, research and development testing, service and repair, or other non-storage activities shall be permitted.

MINIMUM FUNCTIONAL HEIGHT

Minimum height necessary for a WCF to function satisfactorily.

MIXED USE

Occupancy of a structure or land by more than one use, generally permitted nonresidential and permitted residential uses as permitted in the applicable zoning district.

MIXED-USE BUILDING

A building that has one or more dwelling units in addition to one or more commercial uses.

MOBILE/MANUFACTURED HOME

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.

MOBILE/MANUFACTURED HOME LOT

A parcel of land in a mobile/manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile/manufactured home.

MOBILE/MANUFACTURED HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes.

MODIFICATION

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.

MONOPOLE

A tower which consists of a single pole structure without any guy wires, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

MOTEL

An establishment providing temporary, overnight lodging accommodations for transient guests for compensation, in sleeping rooms/units that each has separate access directly to the outside and which may provide such additional supporting services as restaurants, recreation facilities, and living quarters for a resident manager or proprietor.

MOTOR FREIGHT TERMINAL

An area or building that is the origin and/or destination point of short- and long-distance hauling and/or is used for the purpose of storing, transferring, loading and unloading, in addition to truck parking.

MOTORIZED VEHICLE RACE TRACK OR COURSE

A circuit, a roadway, drag strip, path or similar layout utilized for testing, speed testing, drag racing, motocross, tractor and truck pulls, monster truck shows, or driving of any motorized vehicle, including but not limited to cars, trucks, motorcycles, snowmobiles, go-carts, or any similar device, whether open to the public or for private use.

MPC

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, also referred to as the "Municipalities Planning Code," "PA MPC," and/or "MPC" in this chapter.[7]

MULTIPLE-USE BUILDING

A building for two or more principal commercial or nonresidential uses that are either permitted by right or by special exception in the zoning district where this chapter permits a multiple-use building.

MUNICIPAL-OWNED USE

Any establishment, use, facility, and/or structure that is owned and/or operated by the Borough, its municipal authorities, and/or authorized agents.

MUSEUM

An establishment where objects of artistic, historical, or scientific importance or interest are kept, studied, and displayed.

NATURE PRESERVE and WILDLIFE SANCTUARY

An area restricted to and maintained in a natural state for the protection and/or preservation of animal and plant wildlife and other important natural resources.

NEW USE

Any new activity or use of land, structure, or building on a lot or parcel that was not occurring as of the effective date of this chapter.

NIGHTCLUB

An establishment that may offer the on-site consumption of alcoholic or nonalcoholic beverages and where music, dancing, and/or live entertainment as part of the operation. For the purposes of this definition, "live entertainment" is also meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs offering the sale of alcohol shall be considered a bar/tavern and shall comply with all provisions and standards for bars/taverns as defined and regulated in this chapter. Nightclub includes an "under 21" club which features entertainment.

NO-IMPACT HOME OCCUPATION

See MPC re: "no-impact home based business."

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

NUISANCE

The unreasonable, unwarrantable or unlawful use of public or private property which causes injury, damage, hurt, inconvenience, annoyance or discomfort to any person in the legitimate enjoyment of his reasonable rights of person or property.

OBJECT

For the purpose of this chapter, an object shall mean a construction primarily artistic in nature or relatively small in scale and simply constructed, such as a statue, mile-post, hitching-post, etc.

OFF-STREET PARKING

A temporary storage (surface or structure) for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated right-of-way, and is located upon the same lot as a principal use or, in the case of joint parking, within close proximity.

OFF-TRACK BETTING PARLOR

A commercial use where persons can wager upon, and observe by remote television, the outcomes of events that are taking place elsewhere.

OFFICE

A use that involves administrative, clerical, financial, governmental and professional operations and operations of a similar character. This use shall not include retail or industrial uses.

OFFICE, PROFESSIONAL

A building in which services are performed by a member of a profession, or multiple professions, including, but not limited to, an accountant, architect, dentist, engineer, insurance agent, landscape architect, lawyer, minister, notary, optometrist, physician, realtor or undertaker.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designed, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests.

ORDINANCE

The "Mountville Borough Zoning Ordinance," including the Official Zoning Map, and any amendments enacted by Borough Council.

OUTDOOR LIGHTING

An illumination source outside any structure, including but not limited to an incandescent bulb, LED, mercury, sodium or neon-filled bulb, and the hardware containing the illumination source and supporting it. Lighting fixtures underneath a roof of an open-sided building, including but not limited to storage sheds, canopies, and gas/fuel pump marquees, are deemed to be "outdoor lighting."

OUTDOOR STORAGE

The keeping, in an unenclosed area, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours where said items are retained for direct use by their owner, who shall have direct access thereto without intermediate handling by the proprietor of the facility.

OUTSIDE DISPLAY AND SALES

The display and sales of products and goods primarily outside of an enclosed building or a structure.

PARCEL

Any tract or contiguous tracts of land in the same ownership and contained in the same deed, and occupied as one unit. Land separated by an existing state or Borough road shall be considered contiguous.

PARK

A use of land, which may include accessory buildings and structures, for active and/or passive outdoor recreation for the purpose of pleasure, leisure, fellowship, or exercise, commonly involving a sporting activity, camping, hiking, jogging, bicycling, swimming, picnicking, and other related activities which is open to the public. A park may include amenities such as ball fields, tennis courts, trails, playground equipment, restrooms, picnic tables, cooking grills, and similar facilities. For purposes of this chapter, parks shall not include improvements for or permit uses that are considered to be commercial recreational uses.

PARKING COMPOUND

A public or private lot, building, or structure that is designed and used for the temporary off-street storage and parking of passenger vehicles. This use shall include surface parking lots and parking structures including buildings and decks.

PARKING LOT

Any area of a lot used for off-street parking facilities, providing for the transient storage of automobiles, and other motorized and nonmotorized vehicles.

PARKING LOT OR GARAGE, COMMERCIAL

Outdoor areas or specially designed buildings or garages used for vehicle parking that are operated as a business enterprise by charging a fee for parking.

PARKING SPACE

Either a covered garage space or uncovered, improved and stabilized space located outside of the public street right-of-way for the transient storage of automobiles, and other similar motor vehicles.

PARKING STRUCTURE

A building or structure where passenger vehicles may be stored for temporary off-street parking, including decks and buildings.

PARKING, SHARED

Joint use of a parking compound by more than one use and/or owner.

PARTY WALL

A common shared wall between two separate structures, buildings, or dwelling units.

PASSENGER TRANSPORTATION TERMINAL

A building, structure or area where transportation vehicles, including but not limited to buses, trains, and taxis, load or unload passengers.

PATIO

A level, landscaped, and/or surfaced area, also referred to as a "terrace," directly adjacent to a principal building at or within three feet of the finished grade and not covered by a permanent roof.

PEDESTRIAN WALKWAY

A specified easement, walkway, path, sidewalk, or other reservation which is designed for and used exclusively by pedestrians.

PERMITTED-BY-RIGHT USE

A use that is allowed and in which case, zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of this chapter.

PERSON

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.

PERSONAL SERVICE

An establishment that provides a service oriented to personal needs which does not involve primarily retail sales of goods or professional advisory services. Personal services include barber and beauty shops, shoe repair shops, household appliance repair shops, self-service laundries, tailor and seamstress shops, and other similar establishments.

PERVIOUS AREA (PERVIOUS SURFACE)

Any area not defined as impervious. This term shall also include pervious material.

PLANNING COMMISSION

The Lancaster County Planning Commission.

PLAT

The map or plan of a subdivision or land development, whether preliminary or final.

POND

A man-made body of inland water made by construction of a dam or embankment, or by excavating a pit or dugout, other than a stream or lake.

PORCH

A roofed (covered) open area, other than a stoop, providing shelter and shade, attached to or part of and with direct access to or from a building, which creates space for a sociable transition from the public sidewalk/street or adjacent property, to the building to which it is attached.

POSTAL AND COURIER SERVICES

Enterprises engaged in the distribution, sorting, and delivery of the U.S. mail, or the local and intercity delivery of small parcels.

PREMISES

Any principal building, principal structure or principal use, or the lot or parcel of land on which the principal building, structure or use is located, and all accessory uses and all yards, open spaces, off-street parking and loading spaces, and driveways.

PRINTING and PUBLISHING

Establishments engaged in printing by gravure, letterpress, lithography, offset, screen, or other common process, including electrostatic (xerographic) copying and other "quick printing" services; and establishments serving the printing trade including bookbinding, electrotyping, engraving, photoengraving, silk screening, and typesetting. This use also includes establishments that publish books, newspapers, and periodicals; and establishments manufacturing business forms and binding devices.

PRIVATE

Not publicly owned, operated, or controlled.

PROCESSING

A function that involves only the cleaning, sorting, sizing, packaging or any combination thereof, of products.

PRODUCE STAND

A temporary structure at which agricultural products primarily grown on site, such as raw vegetables, fruits, herbs, flowers, plants, nuts, honey and eggs, are sold. Value-added agricultural products that are made from raw products grown, raised, or produced on-site, such as jams, jellies, oils, vinegars, and cheeses, may also be sold at produce stands.

PUBLIC GROUNDS

Includes:

Parks, playgrounds, trails, paths and other recreational areas and other public areas.

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

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this act.

PUBLIC MEETING

A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7 (relating to open meetings).

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

PUBLIC STREET/ROAD

A street ordained or maintained or dedicated and accepted by a borough, city, township, county, state, or federal governments and open to public use.

PUBLIC UTILITY

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; and/or electric, gas- or oil-generating or treatment facilities, supply works, substations, transmission lines, distribution lines.

RECREATION

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.

RECREATION AREA, ACTIVE

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.

RECREATION AREA, PASSIVE

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.

RECREATIONAL FACILITY

A private facility designed and equipped for the conduct of sports and/or leisure-time activities.

RECREATIONAL VEHICLE

A motor vehicle that is self-propelled or towed and that is designed to be transported along public streets to serve as a mobile temporary residence. For the purposes of this chapter, the term shall also include towable utility and cargo trailers.

CLASS I RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, RVs boats and trailers used solely for the transport of residents' recreational vehicle(s) that possess less than or equal to 200 square feet, as measured to the vehicle's outermost edges, and does not exceed a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

CLASS II RECREATIONAL VEHICLESRecreational vehicles, campers, travel trailers, boats and trailers used solely for the transport of residents' recreational vehicle(s) that possess more than 200 square feet, as measured to the vehicle's outermost edges, and/or that exceeds a height of 10 feet, as measured from the ground to the highest point of the main body of the vehicle. Vehicle height shall not be measured on vehicle accessories (e.g., air conditioners, vents, hatches, masts, antennas, outrigging fishing poles, etc.), but will be measured to the highest point of any flybridge or other boat console.

REDEVELOPMENT

Public and/or private investment made to re-create the fabric of an area or neighborhood by renovating previously developed land. Replacing, remodeling, or reusing existing buildings and structures to accommodate new development within the context of existing streets.

REPLACEMENT

Remodeling or reusing an existing structure for new development.

REPLACEMENT WCF

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.

RESOURCE RECOVERY FACILITY

A facility or land area that is used for any one or a combination of the following:

INCINERATORA facility designed to reduce the solid waste stream by combustion. This use may or may not include heat exchange equipment for energy recovery.

REFUSE-DERIVED FUEL (RDF) FACILITYA facility for the extraction of materials from the municipal waste stream for recycling or for use as refuse-derived fuel. (RDF is a fuel produced by shredding municipal solid waste.)

RECYCLING CENTERA facility designed and operated to receive, store, or process recyclable material which has been separated from all but residual household waste at the source. For the purposes of this chapter, "recycling center" shall also mean dropoff bins located on public property.

SOLID WASTE TRANSFER FACILITYA facility or station where municipal solid waste is delivered for the purpose of compacting the material into larger vehicles for transport to a final disposal site or processing facility. A transfer facility may also include the separation and collection of material for the purpose of recycling.

RESTAURANT, FAST-FOOD

An establishment that principally sells food, frozen desserts and nonalcoholic beverages in a ready-to-consume state primarily in disposable containers, in bags or on trays. The customer primarily orders and receives the food at an inside counter or outdoor drive-up, drive-through, or walk-up window without the assistance of a waiter or waitress. A cafeteria-style restaurant shall be considered a sit-down restaurant. This definition shall include a snack bar or ice cream stand with no inside seating facilities.

RESTAURANT, SIT-DOWN

A restaurant that does not meet the definition of a fast-food restaurant. This includes restaurants where the majority of the food is consumed within the restaurant at tables.

RETAIL STORE

A building in which retail merchandise is sold or rented, including a furniture store, a gift shop, and an establishment for the sale of automobile accessories. This shall not include an adult business use.

RETAINING WALL

Any freestanding and uninhabitable structure principally constructed of masonry, concrete, stone, cinder block or similar materials, or in combination, erected between lands of different elevations to protect structures and/or prevent erosion.

RIGHT-OF-WAY

A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied by a road, street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary, storm sewer, and other similar uses, whether public or private.

ROAD

See "street."

SCHOOL

An establishment offering education or instruction in any branch of knowledge.

SCHOOL, COMMERCIAL

Any school conducted for profit for such instruction as business, art, drama, music, handicraft, dancing, and other similar type low-impact uses conducted within a completely enclosed building.

SCHOOL, PUBLIC OR PRIVATE

Any public, sectarian, or private nonprofit establishment approved by the Commonwealth of Pennsylvania offering formal academic instruction and services for state-required or largely state-funded programs at the kindergarten, elementary, and secondary levels. This term shall not include those uses considered commercial schools.

SCHOOL, VOCATIONAL-MECHANICAL TRADE

An educational facility that may or may not be operated as a gainful business that principally offers training in any of the following occupations: truck driving, engine repairs, building construction and general contracting, woodworking, masonry, plumbing, electrical contracting and other similar type uses.

SCREEN

To inhibit view of or from.

SCREENING

A barrier between adjacent properties, uses, and/or zoning districts composed of a mixture of landscaping, trees, berms, shrubs, fences, walls and/or other similar type materials, that is intended to mitigate negative impacts, such as airborne particles, glare, and noise, of the more intense/dense use and/or zoning district on the less intense/dense use and/or zoning district.

SENIOR CITIZEN CENTER

A building which is used to primarily provide at least three of the following activities, programs or services for the elderly: counseling, education, health, nursing, nutrition, recreation, referral, religious, self-development, or social welfare.

SETBACK

The required horizontal distance between a required setback line and an abutting lot line or street right-of-way line, as applicable.

SETBACK, FRONTThe distance between the street right-of-way line and the required front setback line. Corner lots shall have two front setbacks. See Figure 2.14, Typical Setbacks and Yards - Interior Lots, and Figure 2.15, Typical Setbacks and Yards - Corner Lots.

SETBACK, REARThe distance between the rear lot line and the required rear setback line. Corner lots shall have one rear setback. See Figure 2.14, Typical Setbacks and Yards - Interior Lots, and Figure 2.15, Typical Setbacks and Yards - Corner Lots.

SETBACK, SIDEThe distance between the side lot line and the required side setback line. Corner lots shall have one side setback. See Figure 2.14, Typical Setbacks and Yards - Interior Lots, and Figure 2.15, Typical Setbacks and Yards - Corner Lots.

SETBACK LINE

The line within a property that shall define the required distance between a use, structure, and/or building and the abutting right-of-way line, or front, rear, and side lot lines and that establishes the area in which said use, structure, or building shall be established, erected, and/or placed. In the case of lot where a front and/or rear lot line does not coincide with a recorded right-of-way, e.g., land-locked lots, lots with substandard access easements, etc., the setback line(s) shall be measured from the applicable property line(s) closest to the associated recorded right-of-way or ultimate right-of-way.

SHED

An enclosed structure not intended for residential occupancy which is accessory to the principal use of the property and is typically used to store personal and household property.

SHOPPING CENTER or MALL

A group of stores, offices, theaters, eating establishments, financial institutions, either freestanding or attached, having an aggregate gross ground floor area of 10,000 square feet or more, planned and designed for the site on which it is built, functioning as a unit, with off-street parking provided on the property as an integral part of the unit. For the purposes of this chapter, a strip mall is a type of shopping center.

SIDEWALK

A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

SIGHT DISTANCE

The length of road visible to the driver of a passenger vehicle at any given point in the road when viewing is unobstructed by traffic.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public. Signs do include lettering, logos, trademarks, or other symbols that are an integral part of the architectural design of a building, that are applied to a building, or that are located elsewhere on the premises; signs affixed to windows or glass doors or otherwise internally mounted such that they are obviously intended to be seen and understood by vehicular or pedestrian traffic outside the building; flags and insignia of civic, charitable, religious, fraternal, patriotic, or similar organizations; insignia of governments or government agencies; banners, streamers, pennants, spinners, reflectors, ribbons, tinsel, and similar materials; and inflatable objects. Signs do not include architectural features that may be identified with a particular business; backlit awnings that include lettering, logos, or other symbols; signs within a building that are obviously intended to be seen primarily from within the building; outdoor signs intended for use within a property, such as menu signs by fast-food restaurant drive-through lanes, signs with regulations within a park, and building identification signs within a campus; flags of governments or government agencies; decorative seasonal and holiday banners on residential properties; and displays of merchandise either behind store windows or outdoors.

SIGN TERMS AND PHRASES

Unless specifically defined elsewhere in this chapter, the following words and phrases when used in Part 5 of this chapter relating to exterior signs shall have the meaning given to them in the subsections below unless the context clearly indicates otherwise:

SIGN, BILLBOARDAn off-premises, permanent sign that directs attention to a product, service, business, or cause.

SIGN, BUILDINGA sign attached to or painted on a building that has a use in addition to supporting the sign; this includes wall signs and roof signs.

SIGN, BUSINESSA sign that directs attention to any business, professional, commercial, or industrial activity occurring on the premises on which the sign is located, but not including a home occupation sign. (Also see "sign, center.")

SIGN, CENTERA business sign that provides identification at the entrance to a center, such as a shopping center, office complex, or industrial park.

SIGN, CONTRACTORA temporary sign that carries the name and information about a contractor who is involved in construction work occurring on the premises on which the sign is located.

SIGN, DEVELOPMENTAn identification sign at the entrance to a residential development.

SIGN, DIRECTIONAL/INSTRUCTIONALA sign located within the interior of a lot which is generally not visible and the copy of which is not readily discernible, as viewed from an adjacent property or the street right-of-way adjoining the lot, and which provides information to pedestrian and/or vehicular traffic within a site as to the location, direction, instruction, interior operation, or use of site, buildings, or facilities.

SIGN, ELECTIONA temporary sign that directs attention to a candidate or candidates for public office, a political party, or a ballot issue.

SIGN, FREESTANDINGA sign not attached to or painted on a building, or a sign attached to or painted on a building that has no use in addition to supporting the sign.

SIGN, GARAGE/YARD SALEA temporary sign that directs attention to the sale of personal goods on the premises on which the sign is located.

SIGN, GOVERNMENTAn off-premises sign placed by a governmental unit, such as a traffic, directional, informational, or street name sign, or an historical marker.

SIGN, HOME OCCUPATIONA sign providing information about a business activity conducted within a dwelling unit on the premises on which the sign is located.

SIGN, IDENTIFICATIONA sign used to identify the name and display information about the individual, organization, agency, institution, facility, or development located on the premises on which the sign is located, but not including a business sign. (Also see "sign, development" and " sign, public use.")

SIGN, INCIDENTALAn informational sign, no more than two square feet in size, that carries a message, such as "enter," "open," "telephone," "rest rooms," "no parking," "no trespassing," "warning," a listing of hours when open, an on-site direction, or anything similar. Incidental signs may not include any commercial message or logo, except that one "enter" sign per entrance may include a logo or business name, as long as the entrance is exclusively for that business and the logo or business name is subordinate to the word "enter."

SIGN, ISSUEA temporary sign that directs attention to an opinion of a public or private nature, such as, but not limited to, a community, social, or religious issue.

SIGN, NONPROFIT ORGANIZATIONAn off-premises sign displaying information about a church, service club, or other organization that does not operate for the purpose of making a profit.

SIGN, OFF-PREMISESA sign that does not apply to the property on which it is displayed.

SIGN, OFFICIAL TRAFFICA sign erected by the Borough in accordance with the standard of the Commonwealth of Pennsylvania, which is designed to regulate traffic, describe road conditions or supply directions and which meets AASHTO standards.

SIGN, ON-PREMISESA sign that applies to the property on which it is displayed.

SIGN, OPEN HOUSEA temporary sign that provides information about a real estate open house, including the words "open house," the day and time of the open house, and the name of the realtor.

SIGN, OVERHEADA sign located such that pedestrian or vehicular traffic might pass beneath any part of it.

SIGN, PERMANENTA sign intended to be displayed for an unlimited period of time.

SIGN, PUBLIC USEAn identification sign used to identify the name and display information about a public use, such as a government building, school, park, firehouse, or church.

SIGN, PUBLIC UTILITYA sign with a message relating to a business organization performing a public service and subject to special governmental regulations (e.g., an electric company, sewer authority, or telephone company).

SIGN, REAL ESTATEA temporary sign that provides information about a real estate activity on the premises on which the sign is located, such as a sign advertising a sale, rental, or property available for or in the process of development, but not including an open house sign.

SIGN, ROOFA sign attached to or painted on a roof.

AA.

SIGN, SIDEWALKA temporary sign placed on the sidewalk adjacent to the commercial activity it advertises, but not including a contractor sign, a garage/yard sale sign, a home occupation sign, an open house sign, a real estate sign, or a special event sign.

BB.

SIGN, SPECIAL EVENTA temporary sign that carries information about a special event, such as an auction, flea market, festival, carnival, meal, or fund-raising event, but not including any business sign, such as a "sale" sign at a store.

CC.

SIGN, TEMPORARYA sign that is displayed for no more than three months in any year, unless stated otherwise in this chapter.

DD.

SIGN, WALLA sign attached to or painted on the wall of a building.

EE.

WINDOW DISPLAYAn exhibit behind a window that is intended to draw attention to a product, service, business, or cause.

SITE

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.

SITE (WCF)

For towers other than towers in the 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 that area in proximity to the structure and to other transmission equipment already deployed on the ground.

SITE/PLOT PLAN

An accurately scaled development plan that illustrates the existing conditions on a land parcel and depicts details of a proposed development.

SLOPE

The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slopes are usually expressed by a percentage based upon vertical difference in feet per 100 feet of horizontal distance.

SOCIAL CLUB

An institutional use of land and/or a building within which is housed an organization that caters exclusively to members and their guests. They shall include premises or buildings for social, recreation, and administrative purposes that are not conducted for profit, provided there are no vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include but not be limited to, fraternal, political, religious, and service organizations, labor unions, granges, and social and athletic clubs. Clubs shall not be used for adult-related activities such as provided by an adult-oriented business defined herein.

SOLAR COLLECTOR

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR ENERGY SYSTEM

An alternative energy system which includes any solar collector consisting of one or more cell(s), panel(s), or array(s) designed to collect and convert solar power into another form of energy such as electricity or heat, and other structures and buildings, used in the conversion, storage, and distribution including electrical infrastructure, transmission lines, and other appurtenant structures and facilities.

SPECIAL EXCEPTION USES

A use permitted in a particular zoning district pursuant to the provisions of Articles VI and IX of the MPC.[8]

STABLE OR RIDING ACADEMY, COMMERCIAL

The commercial boarding or renting of horses.

STACKING LANE

A paved surface designed to accommodate a motor vehicle waiting for entry to any drive-in facility or other similar auto-oriented use, which is located in such a way that a parking space or access to a parking space is not obstructed.

STEALTH TECHNOLOGY

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, antennas and other facilities which blend the proposed WCF 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 antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, utility poles or flag poles.

STOOP

A roofed (covered) or unroofed (uncovered) open area, other than a porch, constructed of concrete or masonry, providing direct access to and from a building.

STORY (and HALF STORY)

That portion of a building, included between the surface of any floor and the ceiling next above it, having a vertical distance of not less than seven feet, shall be considered a full story. Any such portion of a building having a vertical distance of less than seven feet shall be considered a half story. Basements shall be considered full stories while cellars shall not be considered as being stories or half stories.

STREAM

A watercourse, other than a lake or pond, having a source, terminus, banks, and channel through which waters flow at least periodically.

STREET

Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from an abutting property or lot. The street line shall be the same as the legal right-of-way line or the ultimate right-of-way line.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

STRUCTURE HEIGHT

The vertical distance of a structure, other than a building, measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure.

STRUCTURE, ACCESSORY

A structure customarily incidental and subordinate to and detached from the principal building or structure on the same lot, the use of which is customarily incidental to that of the principal structure on the lot. An accessory structure shall exclude any vehicle as defined by the Pennsylvania Motor Vehicle Code.[9]

STRUCTURE, PRINCIPAL

The main, primary, or predominant structure on a given lot, tract, or parcel.

STRUCTURE, TEMPORARY

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.

STUDENT

An individual registered for instruction at a school within a given calendar year.

SUBDIVISION

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.

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

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 original 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 existing towers or base stations, it increases the original 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 structure in cases where deployments are or will be separated horizontally, such as on buildings' 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;[10]

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 existing towers or base stations, 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;

It would defeat the concealment elements of the eligible support structure; or

It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment; provided, however, that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in aforementioned Subsections A through D of this definition.

SWIMMING POOL

Stormwater basins and/or lakes are not included, provided that swimming was not the primary purpose for their construction. Furthermore, this definition includes all aboveground and below-ground permanent and temporary/portable types of pools, spas and "jacuzzis."

TATTOO PARLOR/BODY PIERCING

A licensed establishment in which the principal business activity, either in terms of operation or as advertised, is the practice of one or more of the following:

Placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; or

Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration;

and as licensed to operate as such by applicable entities.

TAVERN/BAR/PUB

A building or part thereof, licensed by the Pennsylvania Liquor Control Board, and primarily engaged in the retail sale and the on-site consumption of alcoholic beverages by consenting adults. This definition includes, but is not limited to, beer gardens, cocktail lounges, saloons and taprooms. Restaurants that serve alcoholic beverages but are primary engaged in the retail sale of prepared food are not included in this definition.

TERRACE

See "patio."

THEATER

A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater.

THEATER, OUTDOOR DRIVE-IN

An establishment upon an open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions, on a paid-admission basis, to patrons seated in automobiles, or on outdoor seats.

TOWER

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 (i.e., Wi-Fi) and fixed wireless services (i.e., point-to-point microwave transmission) such as microwave backhaul, and the associated site. A building, water tower, electrical transmission tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure designed and constructed for a sole or primary purpose other than supporting any Federal Communications Commission-licensed or authorized antennas and their associated facilities, as well as a Ft. Worth Attachment, shall not be considered a tower.

TOWER-BASED WIRELESS COMMUNICATIONS FACILITIES (TOWER-BASED WCF)

Wireless communications facilities that include the installation of a new tower to support the transmission equipment. A WCF that requires the replacement of an existing structure (i.e., building, water tower, utility pole, light pole, traffic signal pole, flag pole or other similar structure) to support the weight of a WCF is not considered a new tower-based WCF.

TRACT

An area of land which may comprise the entire area or subpart of a parcel. Individual "tracts" within a parcel of land shall not be constituted separate lots for the purpose of construction, permitting, or for the purposes of this chapter. Such tracts contained within parcels shall be considered descriptive only.

TRANSMISSION EQUIPMENT

Equipment that facilitates transmission for any Federal Communications Commission-licensed or authorized wireless communications 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.

TREATMENT CENTER

An establishment, 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:

Criminal rehabilitation, such as a criminal halfway house;

Current addiction to alcohol or a controlled substance that was used in an illegal manner; and/or

A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.

TRUCK STOP/TRAVEL CENTER

A facility, usually at the side of a major highway, where truck drivers and other travelers stop for fuel, often including a restaurant, sleeping and showering rooms, and a store selling basic items.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999[11] applicable to new construction in all municipalities, whether administered by the municipality, a third party or the Pennsylvania Department of Labor and Industry; applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

USE

The specific purpose or activity for which land and/or structures are designed, arranged, or intended, occupied, and/or maintained.

USE, ACCESSORY

A use customarily incidental and subordinate to the principal use or the principal structure and located on the same lot with such principal use or principal structure. If no principal use or principal structure exists on a lot with an accessory use, then such accessory use shall only be considered a principal use.

USE, PRINCIPAL

The main, primary, or predominant use of any lot, tract, parcel of land or structure.

USE, TEMPORARY

A use established for a limited duration with the intent to discontinue such use upon the expiration of the time period.

VARIANCE

Relief granted pursuant to the provisions of Articles VI and IX of the MPC.[12]

VETERINARIAN

A qualified professional trained in the care and treatment of animals.

VETERINARY OFFICE

A personal service establishment primarily involving the treatment, by a veterinarian, of small animals and household pets. No outdoor keeping or boarding of animals shall be permitted.

WALL

Any freestanding and uninhabitable structure principally constructed of masonry, concrete, stone, cinder block or similar materials either, singularly, or in combination to provide screening or divide one property from another property or public street right-of-way; enclosing an area; helping assure privacy or protection; and/or define or mark the property or lot line(s).

WAREHOUSE/DISTRIBUTION CENTER

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 or motor freight terminal, unless such uses are specifically permitted in that zoning district.

WCF ON EXISTING STRUCTURE

Wireless communications facilities located on existing structures such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

WETLAND

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, fens, and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and a wetland area designated by a river basin commission. This definition is used by the United States Environmental Protection Agency (USEPA) and the United States Army Corps of Engineers (USACOE).

WIND ENERGY SYSTEM, SMALL

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, and which has a rated capacity of not more than 100 kW, and is intended to primarily reduce on-site consumption of utility power.

WIND TURBINE

A device that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower and pad transformer, if any.

WIND TURBINE TOWER

The vertical component of a wind energy conversion system that elevates the wind turbine generator and attached blades above the ground.

WINDMILL

A device that runs on the energy generated by a wheel of adjustable blades or slats rotated by the wind.

WIRELESS

Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, personal communications service (PCS), microwave, satellite, or radio signals.

WIRELESS COMMUNICATION FACILITY (WCF)

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.

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.

YARD

An open space on the same lot with a structure, or a group of structures, which lies between the structure, or a group of structures, and a lot line and which is unoccupied and unobstructed from the ground upward.

Figure 2.14 Typical Setbacks and Yards - Interior Lots

Figure 2.15 Typical Setbacks and Yards - Corner Lots

YARD, FRONT

The yard area extending across the full width of the lot and contained between the building line of the principal structure and the front lot line or street line, excluding alleys, measured perpendicular to the building line of said structure at the closest point to the front lot line. Corner lots shall have two front yards. See Figure 2.14, Typical Setbacks and Yards - Interior Lots, and Figure 2.15, Typical Setbacks and Yards - Corner Lots.

YARD, REAR

The yard area extending across the full width of the lot and contained between the building line of the principal structure and the rear lot line, which may include street lines created by alleys, measured perpendicular to the building line of said structure at the closest point to the rear lot line. Corner lots shall have one rear yard, extending from the applicable front yard to the side lot line as well as from the rear lot line to the side yard. See Figure 2.14, Typical Setbacks and Yards - Interior Lots, and Figure 2.15, Typical Setbacks and Yards - Corner Lots.

YARD, SIDE

The yard area(s) extending from the front yard to the rear yard and contained between the building line of the principal structure and any side lot line(s), measured perpendicular to the building line of said structure at the closest point to the nearest side lot line. Corner lots shall have one side yard. See Figure 2.14, Typical Setbacks and Yards - Interior Lots, and Figure 2.15, Typical Setbacks and Yards - Corner Lots.

ZONING DISTRICT

A portion of the territory of the Borough designated in this chapter text and delineated on the Zoning Map, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

ZONING MAP

The map setting forth the boundaries of the zoning districts of the Mountville Borough which shall be part of this chapter and shown on the Official Zoning Map listed in Part 3 of this chapter.[13]

ZONING OFFICER

The administrative officer appointed by the Mountville Borough Council to administer this chapter and issue zoning permits.

ZONING PERMIT

A document signed by a zoning officer, as required in this chapter, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure, that acknowledges that such use and/or structure complies with the provisions of this chapter or authorized variance therefrom. See "building permit."

[1]

Editor's Note: See 4 Pa.C.S.A. § 1101 et seq.

[2]

Editor's Note: See 10 P.S. § 328.101 et seq.

[3]

Editor's Note: See now Municipality Authorities Act, 53 Pa.C.S.A. § 5601 et seq.

[4]

Editor's Note: See Ch. 5, Code Enforcement, Part 2, Pennsylvania Construction Code Act.

[5]

Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.

[6]

Editor's Note: See 35 P.S. § 750.1 et seq.