When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
ABUT or ABUTTING
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
ACCESSORY STRUCTURE (includes ACCESSORY BUILDING)
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
ACCESSORY USE
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
ADJACENT
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
ADULT BOOKSTORE
A use with over 15 square feet of total floor area occupied
by items for sale or rent, being books, films, magazines, video tapes,
coin- or token-operated films or video tapes, CD-ROM or DVD disks,
computer software, paraphernalia, novelties or other periodicals which
are distinguished or characterized by a clear emphasis on matter depicting,
displaying, describing or relating to uncovered male or female genitals
or specified sexual activities. This shall include but not be limited
to materials that would be illegal to sell to persons under age 18
under state law.
ADULT DAY-CARE CENTER
A use providing supervised care and assistance primarily
to persons who are over age 60 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimers disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays, but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
ADULT LIVE ENTERTAINMENT FACILITY
A use including live entertainment involving persons (which
may include waiters, waitresses, dancers, clerks, bartenders, contractors
or others) displaying uncovered male or female genitals or nude or
almost nude female breasts or engaging in simulated or actual specified
sexual activities related to some form of monetary compensation paid
to a person, company or organization operating the use or to persons
involved in such activity.
ADULT MOVIE THEATER
A use involving the presentation typically to three or more
persons at one time in a room of motion pictures, video tapes or similarly
reproduced images distinguished or characterized by an emphasis on
depiction of specified sexual activities for observation by patrons
therein and that is related to some form of monetary compensation
paid by the persons viewing such matter.
ADULT USE
Includes any of the following uses: adult bookstore, adult
movie theater, massage parlor or adult live entertainment facility/use.
AFTER HOURS CLUB
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
ALLEY
A vehicle right-of-way having a maximum right-of-way width
of 20 feet and that usually provides secondary access to the side
or rear on one or more lots, and which is not intended for through
traffic.
ANTENNA, STANDARD
A device, partially or wholly exterior to a building, that
is used for receiving any type of electronic signals or for transmitting
short-wave or citizens band radio frequencies. This shall include
antennas used by an amateur ham radio operator or by a contracting
business or utility to communicate with its employees, but shall not
include a communications antenna. This term includes any accessory
supporting structures.
APPLICANT
The person(s), company, partnership, profit or nonprofit
corporation or trust responsible for a particular application for
an approval or permit under this chapter, and his/her heirs, successors
and assigns.
AUTO, BOAT AND/OR MOBILE/MANUFACTURED HOME SALES
An area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/ manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/ manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in §
220-30.
AUTO REPAIR GARAGE
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage, such as a convenience store. This use shall not include a use meeting the definition of a "truck stop." See requirements in §
220-30.
AUTO SERVICE STATION
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of pre-packaged propane. This use may include a convenience store. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits and other requirements in §
220-30.
BASEMENT
An enclosed floor area partly or wholly underground. A basement
shall be considered a "story" if:
A.
The majority of the basement has a clearance
from floor to ceiling of 6.5 feet or greater; and
B.
The top of the ceiling of the basement is an
average of five or more feet above the finished grade along the majority
of the front side of the building that faces onto a street.
BED-AND-BREAKFAST INN
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in §
220-30 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in §
220-30.
BIOSOLIDS
Nutrient-rich organic materials derived from wastewater solids
(sewage sludge and residential septage) that have been stabilized,
meet specific processing and quality criteria and are suitable for
land application.
[Added 11-10-2014 by Ord. No. 852]
BOARDINGHOUSE or ROOMING HOUSE
A residential use in which room(s) that do not meet the definition
of a lawful dwelling unit are rented for habitation, or a dwelling
unit includes greater than the permitted maximum number of unrelated
persons. A boardinghouse shall not include a use that meets the definition
of a hotel, dormitory, motel, personal care center, bed-and-breakfast,
group home or nursing home. A college fraternity or sorority house
used as a residence shall be considered a type of boardinghouse. A
boardinghouse may either involve or not involve the providing of meals
to residents, but shall not include a restaurant open to the public
unless the use also meets the requirements for a restaurant. A boardinghouse
shall primarily serve persons residing on-site for five or more consecutive
days.
BOROUGH
Borough of Columbia, Lancaster County, Pennsylvania.
BUFFER YARD
A strip of land that separates one use from another use or feature, and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See §
220-59.
BUILDING
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total area
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building.
BUILDING COVERAGE
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
BUILDING, PRINCIPAL
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
BUILDING WIDTH
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
BULK RECYCLING CENTER
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a junkyard.
CARTWAY
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
CHRISTMAS TREE FARM or TREE FARM
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises.
CHURCH
See "place of worship."
CO-LOCATION
The mounting of one or more communications antennas, on an
existing communications tower, or on any structure that has been approved
by the Borough, to support at least one communications antenna.
[Added 12-12-2016 by Ord.
No. 877]
COMMERCIAL USE
Includes but is not limited to retail sales, offices, personal
services, auto sales, auto repair garages and other uses of a similar
profit-making nonindustrial nature. The sale of goods or services
from a vehicle on a lot shall also be considered to be a commercial
use.
COMMUNITY CENTER
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential uses or a treatment center.
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, which is
attached to a wireless support structure. This definition shall not
include the following: private residence-mounted satellite dishes;
television antennas; amateur radio equipment including without limitation
ham or citizens band radio antennas; or support structures for antennas
or any related equipment that is mounted to the ground or at ground-level.
[Added 4-14-2003 by Ord. No. 718; amended 12-12-2016 by Ord. No.
877]
COMMUNICATIONS EQUIPMENT BUILDING
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 375 square feet.
[Added 4-14-2003 by Ord. No. 718]
COMMUNICATIONS TOWER
Any structure, other than a building, that is constructed
for the primary purpose of supporting one or more communications antennas,
including, but not limited to, self-supporting lattice towers, guy
towers and monopoles.
[Added 4-14-2003 by Ord. No. 718; amended 12-12-2016 by Ord. No.
877]
CONDOMINIUM
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned
Community Act of 1996, as amended.
CONSERVATION EASEMENT
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
CONVENIENCE STORE
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 4,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
CRAFTS OR ARTISAN'S STUDIO
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
CULTURAL CENTER
A facility primarily for the display of art and related exhibits
and for artistic and cultural performances. Retail sales shall only
occur as an accessory use, unless the requirements for a retail store
are also met.
CURATIVE AMENDMENT, MUNICIPAL
A process provided in the Pennsylvania Municipalities Planning
Code that permits a municipality to address the potential invalidity
of portions or all of its own zoning ordinance.
[Amended 12-16-2003 by Ord. No. 726]
DAY CARE, CHILD
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school or "Head Start" programs. See also the definition
of "adult day-care center."
A.
The following three types of day care are permitted
without regulation by this chapter: care of children by their own
relatives; care of children within a place of worship during regularly
scheduled religious services; and care of one to three children within
any dwelling unit, in addition to children who are relatives of the
caregiver.
C.
GROUP DAY-CARE HOMEA type of day-care use that provides care for between seven and 12 children at one time who are not relatives of the primary caregiver; provides care within a dwelling unit; and is registered with the applicable state agency. (Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.)
D.
CHILD DAY-CARE CENTERA type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary caregiver; does not meet the definition of a group day-care home; and is registered with the applicable state agency. (Note: As of the adoption date of this chapter, such agency was the Pennsylvania Department of Public Welfare.) See §
220-30.
DEFICIENCY-FREE
Free from health and safety issues as listed on the Columbia
Borough Change of Occupant Checklist.
[Added 6-25-2019 by Ord.
No. 912]
DENSITY
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
DEP
The Pennsylvania Department of Environmental Protection,
and its relevant bureaus.
DETACHED
A dwelling structure having open-yard areas on all sides.
[Added 6-25-2019 by Ord.
No. 912]
DEVELOPMENTAL DISABILITY
A disability of a person which has continued or can be expected
to continue indefinitely; a disability which is:
A.
Attributable to mental retardation, cerebral
palsy, epilepsy or autism.
B.
Found to be attributable to any other conditions
found to be closely related to mental retardation because such condition
results in similar impairment of general intellectual functioning
or adaptive behavior to that of mentally retarded persons or requires
treatment and services similar to those required for such persons.
C.
Attributable to dyslexia resulting from a disability described in the above Subsections
A and
B of this definition.
DISTRICT (or ZONING DISTRICT)
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
DRIVE-THROUGH SERVICE
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
DRIVEWAY
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings or their accessory
buildings, and which does not meet the definition of a street or an
alley.
DWELLING
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home." This chapter categorizes dwellings into the
following types:
A.
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article
IV and where permitted by Article
III and meeting the floor area requirements of this chapter.
B.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a single-family detached dwelling, twin dwelling or townhouse/rowhouse. The individual dwelling units may be leased or sold for condominium ownership.
C.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories.
D.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or low-rise apartment that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
E.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
(1)
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for towing; is designed for permanent occupancy; which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; is constructed so that it may be used with or without a permanent foundation; and is not a recreation vehicle. The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a "sectional home," which is defined above. See standards in §
220-30.
F.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
G.
TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in §
220-30.
DWELLING UNIT
A single habitable living unit occupied by only one family.
(See definition of "family.") Each dwelling unit shall have its own
toilet, bath or shower, sink, sleeping and cooking facilities, and
separate access to the outside or to a common hallway or balcony that
connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or two
separate and distinct sets of kitchen facilities.
EMERGENCY SERVICES STATION
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This may include
housing for emergency personnel while on call.
EMPLOYEES
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
ESSENTIAL SERVICES
The creation, construction alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, steam or water transmission or distribution
systems, collection, supply or disposal systems and their essential
buildings, excluding communications towers and communications antennas,
central sewage treatment plants, solid waste disposal areas or facilities,
power generating stations, septic or sludge disposal, offices, storage
of trucks, or equipment or bulk storage of materials.
[Added 4-14-2003 by Ord. No. 718; amended 12-12-2016 by Ord. No.
877]
FAMILY
Any number of individuals living and cooking together as a single housekeeping unit in a single dwelling unit, provided that not more than three of such number are unrelated to all of the others by blood, marriage or legal adoption. A family shall also expressly include any number of unrelated persons who reside within a group home, as defined herein and meeting the requirements of §
220-30. It is the express intent of the Borough to comply with all provisions of the federal Fair Housing Act, as amended, and the regulations promulgated thereunder, in the construction of this term.
[Amended 12-16-2003 by Ord. No. 726; 5-12-2008 by Ord. No.
790]
FCC
Federal Communications Commission.
[Added 12-12-2016 by Ord.
No. 877]
FENCE
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a wall. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. See §
220-31.
FINANCIAL INSTITUTION
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public, and that may include automatic transaction machines.
FLAGPOLE
A narrow extension of property on a lot or parcel from the
buildable area of a lot to be public right-of-way, and which is not
part of the lot area, but serves as access to the lot parcel. See
also the definition of "lot."
[Added 11-10-2014 by Ord. No. 852]
FLEXIBLE RESIDENTIAL DEVELOPMENT
A residential development that meets the requirements of §
220-27 of this chapter. A flexible residential development may be approved with less restrictive dimensional requirements than a conventional development, provided it meets additional standards regarding site design and other matters.
FLOOR AREA, TOTAL
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: fully enclosed porches; and basement or cellar or attic
space that is potentially habitable and has a minimum head clearance
of at least 6.5 feet. Floor area shall not include unenclosed porches,
decks or breezeways.
GLARE
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See §
220-38.
GOVERNMENT FACILITY, OTHER THAN BOROUGH-OWNED
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Columbia Borough. This term shall not include uses listed separately in the table of uses in Article
III, such as publicly-owned recreation. This term shall not include a prison.
GROUP HOME
A dwelling unit operated by an individual, family or organization
with a program to provide a supportive living arrangement for individuals
where special care is needed by the individual served due to age,
emotional, mental or physical handicap. This definition shall expressly
include facilities for the supervised care of developmentally disabled
persons and all persons subject to protection under the Federal Fair
Housing Act Amendments of 1988. Group homes must be licensed where
required by any appropriate government agencies, and a copy of any
such license must be delivered to the Zoning Officer prior to the
initiation of the use. Group homes shall be subject to the same limitations
and regulations by the Borough as the type of dwelling unit they occupy.
It is the express intent of the Borough to comply with all provisions
of the Federal Fair Housing Act, as amended, and regulations promulgated
thereunder, in the construction of this term.
A.
A group home shall not include a treatment center.
B.
|
NOTE: The Federal Fair Housing Act Amendments
defined "handicap" as follows: "1) a physical or mental impairment
which substantially limits one or more of such person's major life
activities, 2) a record of having such an impairment, or 3) being
regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as
defined in Section 802 of Title 21." This definition was subsequently
adjusted by Section 512 of the Americans With Disabilities Act to
address certain situations related to substance abuse treatment.
|
HAZARDOUS MATERIALS
Any substance or material that could adversely affect he
safety of the public, as classified by the United States Department
of Transportation in 49 CFR 100-185.
[Added 11-10-2014 by Ord. No. 852]
HEIGHT
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in §
220-58. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article
VII, entitled "Signs."
HEIGHT OF A COMMUNICATIONS TOWER
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
[Added 4-14-2003 by Ord. No. 718]
HOME OCCUPATION
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of §
220-31. A light home occupation shall be a home occupation that meets the additional requirements for a light home occupation stated in §
220-31. A general home occupation shall be a home occupation that does not meet the requirements for a light home occupation.
HOSPITAL
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered a medical office. A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professionals.
HOTEL or MOTEL
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also bed-and-breakfast use. A hotel
or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is not the principal use of the property.
IMPERVIOUS COVERAGE
The maximum percentage of a lot covered by buildings, concrete,
paving, stone parking areas and other man-made surfaces that have
a coefficient of runoff greater than 0.8.
JUNK
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials. Junk shall not include:
solid waste that is temporarily stored as is customary in an appropriate
container that is routinely awaiting collection and disposed of in
a manner consistent with state regulations; toxic wastes; grass clippings,
leaves, tree limbs or similar yard waste materials; or items clearly
awaiting imminent recycling at an approved recycling facility.
JUNK VEHICLE
(See also the definition of "unregistered vehicle.") Includes
any vehicle or trailer that meets any of the following conditions:
A.
Cannot be moved under its own power, in regards
to a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs;
B.
Cannot be towed, in regards to a trailer designed
to be towed;
C.
Has been demolished beyond repair;
D.
Has been separated from its axles, engine, body
or chassis; and/or
E.
Includes only the axle, engine, body parts and/or
chassis, separated from the remainder of the vehicle.
JUNKYARD
A.
Land or a structure used for the collection,
storage, dismantling, processing and/or sale, other than within a
completely enclosed building, of material of one or more of the following
types:
(2)
Three or more junk vehicles or unregistered vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the requirements of §
220-30 for an auto repair garage or auto service station.
(3)
One or more mobile/manufactured homes that are
not in a habitable condition.
B.
Junk stored within a completely enclosed building
for business purposes shall be considered a warehouse.
C.
A junkyard specifically shall include but not
be limited to any metal scrap yard or auto salvage yard.
KENNEL
The keeping of a greater number of dogs and/or cats than
are permitted under the "keeping of pets" or "crop farming" provisions
of this chapter. A kennel may also serve other animals.
LANDOWNER
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
LARGE SOLAR ENERGY PRODUCTION FACILITY
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy. Large solar energy production facilities consist
of one or more freestanding ground or roof-mounted solar collector
devices, solar-related equipment and other accessory structures and
buildings, including light reflectors, concentrators, and heat exchangers,
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities. A facility is considered a
large solar energy production facility if it supplies electrical or
thermal power primarily for off-site use.
[Added 3-14-2011 by Ord. No. 813]
LIGHTING, DIFFUSED
Illumination that passes from the source through a translucent
cover or shade.
LIVESTOCK, RAISING OF or ANIMAL HUSBANDRY
The raising and keeping of livestock, horses, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "keeping of pets" section of §
220-31 and beyond what is allowed within the definition of "crop farming." For the purposes of this chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
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. A lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.
LOT AREA
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). For the purposes of determining
compliance with the minimum lot area, the following shall be excluded:
A.
Areas within the designated future or existing
legal rights-of-way of: any proposed or existing public streets or
alleys; or any proposed or existing commonly maintained private streets
that serve more than one lot (Note: Other sections of this chapter
may specifically allow these features to be included in lot area for
a particular use); and
B.
Areas that are currently or will be required
to be dedicated as common open space on a separate lot (Note: Other
sections of this chapter may specifically allow these features to
be included in lot area for a specific use).
LOT, CORNER
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
LOT, FLAG
A parcel of land created by a subdivision or partition which
includes a narrow projection or "flagpole" to the public right-of-way.
[Added 11-10-2014 by Ord. No. 852]
LOT LINES
The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to
be the existing street right-of-way line.
B.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
LOT WIDTH
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall. In flag lots, lot width
shall be measured at the end of the flagpole where the lot width expands.
[Amended 11-10-2014 by Ord. No. 852]
MASSAGE
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's (or persons')
skin other than the face or neck by another person(s) that is related
to certain monetary compensation, and which does not involve persons
who are related to each other by blood, adoption, marriage or official
guardianship.
MASSAGE PARLOR
An establishment that meets all of the following criteria:
B.
The person conducting the massage is not licensed
as a health care professional or a licensed massage therapist by the
state.
C.
The massages are not conducted within a licensed
hospital or nursing home or an office of a medical doctor or chiropractor.
D.
The massages are conducted within private or
semiprivate rooms.
E.
The use is not clearly a customary and incidental
accessory use to a permitted exercise club or to a high school or
college athletic program.
MEMBERSHIP CLUB
An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. This use shall not include a target range for outdoor shooting of firearms, boardinghouse, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met. See §
220-30. See also "after hours club."
MINERAL EXTRACTION
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
“Mineral extraction” includes but is not limited to the
extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal,
clay, shale and iron ore. The routine movement of and replacement
of topsoil during construction shall not by itself be considered to
be mineral extraction.
MIXED USE
A building containing a residential use and a nonresidential
use.
[Added 6-25-2019 by Ord.
No. 912]
MOBILE/MANUFACTURED HOME PARK
A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/ manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a mobile home park. See §
220-30.
NONCONFORMING LOT
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter, or amendments hereinafter enacted.
NONCONFORMING STRUCTURE
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such chapter or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See §
220-61.
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See §
220-61.
NURSING HOME
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See §
220-30.
OFFICE
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
OFFICIAL ZONING MAP
The map as adopted by Borough Council which designates the
location and boundaries of zoning districts.
OPEN SPACE, COMMON
A parcel or parcels of land within a tract which meets all
of the following standards:
A.
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public;
B.
Is covered by a system that ensures perpetual
maintenance, if not intended to be publicly owned;
C.
Will be deeded to the Borough and/or deed restricted
to permanently prevent uses of land other than common open space and
noncommercial recreation; and
D.
Does not use any of the following areas to meet
minimum open space requirements:
(1)
Existing street rights-of-way;
(2)
Vehicle streets or driveways providing access
to other lots;
(3)
Land beneath building(s) or land within 20 feet
of a building (other than accessory buildings and pools clearly intended
for noncommercial recreation and other than agricultural buildings
and a farmstead which are permitted within land approved by the Borough
for agricultural preservation);
(4)
Off-street parking (other than that clearly
intended for noncommercial recreation);
(5)
Area(s) needed to meet a requirement for an
individual lot;
(6)
For land intended to be open to the public,
that does not have provisions for entry with a 20 foot minimum width
by pedestrians from a street open to the public or from an adjacent
common open space area that has access to such a street;
(7)
Land that includes a stormwater detention basin,
except for a basin or portions of a basin that the applicant proves
to the satisfaction of Borough Council would be reasonably safe and
useful for active or passive recreation during the vast majority of
weather conditions;
(8)
Portions of land that have a width of less than
20 feet.
ORDINANCE, THIS
The Columbia Borough Zoning Ordinance, including the Official
Zoning Map, as amended.
OVERNIGHT GUEST
A person not originally part of the single entity scheduled
to occupy the short-term rental.
[Added 6-25-2019 by Ord.
No. 912]
PA
The Commonwealth of Pennsylvania.
PARKING
Off-street parking and aisles for vehicle movement unless
otherwise stated.
PennDOT
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
PERMITTED BY RIGHT USES
Uses that do not have to be approved as uses by the Zoning
Hearing Board. A nonconforming use shall not be considered to be a
permitted by right use, a special exception use or a conditional use.
PERSONAL CARE HOME OR CENTER
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
developmentally disabled, and that is licensed as a personal care
center by the Commonwealth of Pennsylvania.
PERSONAL SERVICE
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, shoe repair shops, household
appliance repair shops, and other similar establishments, but shall
not include any adult uses, as herein defined.
PERSON IN CHARGE
The person who leased the property or represents the entity
that leased the property for the short-term rental. The person in
charge shall be noted as such by the property owner when notifying
the Borough of Columbia of the new occupancy and shall be the person
to be contacted in the event of an issue of the property. The person
in charge must personally occupy the short-term rental during the
period of rental.
[Added 6-25-2019 by Ord.
No. 912]
PETS, KEEPING OF
The keeping of domestic animals that are ordinarily considered to be kept in conjunction with the dwelling for the pleasure of the resident family. This shall include dogs, cats, Vietnamese pot-bellied pigs, small birds, gerbils, rabbits, and other animals commonly sold in retail pet shops. See §
220-31.
[Amended 2-12-2007 by Ord. No. 775]
PLACES OF WORSHIP
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in §
220-30.
PRINCIPAL STRUCTURE
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
PRINCIPAL USE
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
PUBLICLY OWNED RECREATION
Leisure facilities owned, operated or maintained by governmental
entities for use by the general public.
PUBLIC NOTICE
Notice required by the Pennsylvania Municipalities Planning
Code. (Note: As of the adoption date of this chapter, for a Zoning
Hearing Board hearing or an amendment to this chapter, such Act generally
required a legal advertisement published once each week for two successive
weeks in a newspaper of general circulation in the Borough, which
states that time and place of a meeting/hearing and the particular
nature of the matter to be considered. The first publication shall
not be more than 30 days and the second publication not less than
seven days from the meeting/hearing date.)
PUBLIC UTILITY TRANSMISSIONS TOWER
A structure owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added 4-14-2003 by Ord. No. 718]
RECREATION
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests. Publicly-owned recreation is a distinctly different
use from indoor recreation or outdoor recreation.
A.
INDOOR RECREATIONA type of recreation use that does not meet the definition of “outdoor recreation,” and is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by §
220-25.
B.
OUTDOOR RECREATIONA type of recreation use that has a total building coverage of less than 15%, and is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by §
220-25, such as a firearms target range.
RECYCLING COLLECTION CENTER
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
RELATED EQUIPMENT or BASE STATION
Any structure or equipment at a fixed location, not including
a tower, that enables FCC license communications between a user and
a wireless network.
[Added 12-12-2016 by Ord.
No. 877]
RELATED or RELATIVE
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
REPAIR SERVICE
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
RESIDENTIAL ACCESSORY BUILDING, STRUCTURE OR USE
A use or structure that is accessory, customary and incidental
to a principal residential use on a lot, including the following uses
and uses that are very similar in nature: garage (household), carport,
tennis court, garage sale, basketball backboard, household swimming
pool, gazebo, storage shed, greenhouse, children's playhouse or children's
play equipment. No business shall be conducted in a household garage
or storage shed that is accessory to a dwelling, except as may be
allowed as a home occupation.
RESIDENTIAL LOT LINES
The lot line of a lot that contains an existing primarily
residential use, or is undeveloped and zoned as a residential district.
RESTAURANT
A.
An establishment that sells ready-to-consume
food or drink and that routinely involves the consumption of at least
a portion of such food on the premises.
B.
A restaurant may include the accessory sale
of alcoholic beverages. However, if such sale is a primary or substantial
portion of the total trade, the requirements of a tavern or nightclub,
as applicable, must be met.
C.
See "drive-through service" in this section.
RETAIL STORE
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
RETIREMENT COMMUNITY
A residential development exclusively serving persons 55
years and older, and their spouses. In addition, other persons of
any age should be permitted to live within a nursing home or personal
care center portion of a retirement community if they have illness
or disabilities that require such a facility.
RIGHT-OF-WAY
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the existing street right-of-way,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
A.
STREET RIGHT-OF-WAY, EXISTING OR LEGALThe official established street right-of-way that either the Borough or the state presently owns or holds another interest in the land, or will own after the completion of any proposed subdivision, land development or development of a use under this chapter, whether by dedication or otherwise.
SCHOOL, PUBLIC OR PRIVATE PRIMARY OR SECONDARY
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
SCREENING
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in §
220-59D.
SELF-STORAGE DEVELOPMENT
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
SETBACK LINE
A.
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent future street right-of-way or exterior
lot line (when the property is not abutted by a right-of-way). Such
line shall be measured at right angles from and parallel to the front
lot line.
B.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in §
220-59B.
C.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
D.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street, if a right-of-way exists. If a private
street does not have a right-of-way, the setback shall be measured
from the edge of the cartway.
SHORT-TERM RENTAL (STR)
Any dwelling unit meeting the definition of "hotel," as defined
in Lancaster County Ordinance No. 45, enacted September 15, 1999,
and offered for rent for a period of less than 31 days.
[Added 6-25-2019 by Ord.
No. 912]
SIGN
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§
220-55 and
220-47. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
SIGN, OFF-PREMISES
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
SINGLE ENTITY
A person or a group occupying the short-term residence.
[Added 6-25-2019 by Ord.
No. 912]
SMALL SOLAR ENERGY SYSTEM
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collected devices and solar-related equipment,
intended to primarily reduce on-site consumption of utility power.
A system is considered a small solar energy system only if it supplies
electrical or thermal power for on-site use, except that when a property
upon which the facility 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.
[Added 3-14-2011 by Ord. No. 813]
SOLID WASTE TRANSFER FACILITY
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
SOLAR COLLECTION SYSTEM
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 collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
[Added 3-14-2011 by Ord. No. 813]
SOLAR-RELATED EQUIPMENT
Items including a solar photovoltaic cell, panel, or array,
or solar hot air or water collector device panels, lines, pumps, batteries,
mounting brackets, framing and possibly foundations used for or intended
to be used for collection of solar energy.
[Added 3-14-2011 by Ord. No. 813]
SPECIAL EXCEPTION
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See §
220-16.
SPECIFIED SEXUAL ACTIVITIES
One or more of the following:
A.
Human male genitals in a visible state of sexual
stimulation.
B.
Acts of human masturbation, sexual intercourse,
oral sex or sodomy.
C.
Fondling or other erotic touching of human genitals.
See definition of "adult use."
STATE
The Commonwealth of Pennsylvania and its agencies.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications facilities
which render them more visually appealing or blend the proposed facility
into the existing structure or visual backdrop in such a manner as
to render it minimally visible to the casual observer. Such methods
include, but are not limited to, architecturally screened roof-mounted
antennas, building-mounted antennas painted to match the existing
structure and facilities constructed to resemble trees, shrubs, flagpoles,
and light poles.
[Added 4-14-2003 by Ord. No. 718; amended 12-12-2016 by Ord. No.
877]
STORY (and HALF-STORY)
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as provided for in
the definition of "basement." Any level of a building having an average
vertical clearance from floor to ceiling of less than 6.5 feet shall
be considered a half story.
STREET
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots or that is an expressway,
but not including an alley or a driveway. The terms "street," "highway"
and "road" have the same meaning and are used interchangeably.
STRUCTURE
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
SUBDIVISION
The definition in Chapter
190, Subdivision and Land Development, shall apply.
SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE
A modification to an existing wireless communications facility
that changes the physical dimensions of a communications tower or
base station if it meets any of the following criteria:
[Added 12-12-2016 by Ord.
No. 877]
A.
For a communications tower outside the public rights-of-way:
(1)
It increases the height of the facility 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;
(2)
It protrudes from the edge of the wireless communications facility
by more than 20 feet, or more than the width of the tower structures
are the level off the appurtenance, whichever is greater.
B.
For a communications tower in the rights-of-way:
(1)
It increases the height of the facility by more than 10% or
10 feet, whichever is greater;
(2)
It protrudes from the edge of the structure by more than six
feet;
(3)
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
(4)
It entails any excavation of deployment outside the current
site of the communications tower; or
(5)
It does not comply with conditions associated with prior approval
of construction or modification of the communications tower unless
the noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
SWIMMING POOL, HOUSEHOLD OR PRIVATE
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See §
220-31.
SWIMMING POOL, NONHOUSEHOLD
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that does not meet the definition of a "household swimming pool.”
TAVERN
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after hours club." The sale
of food may also occur. See also the definition of “restaurant.”
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 or adult
movie theater.
TRADE/HOBBY SCHOOL or TRADE SCHOOL
A facility that is primarily intended for education of a
work-related skill or craft or a hobby, and does not primarily provide
state-required education to persons under age 16. Examples include
a dancing school, martial arts school, cosmetology school or ceramics
school.
TRADESPERSON
A person involved with building trades, such as but not limited
to plumbing, electrical work, building construction, building remodeling,
and roofing.
TREATMENT CENTER
A.
A use (other than a prison or a hospital) providing
housing for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
(1)
Criminal rehabilitation, such as a criminal
halfway house;
(2)
Current addiction to alcohol or a controlled
substance that was used in an illegal manner; and/or
(3)
A type of mental illness or other behavior that
causes a person to be a threat to the physical safety of others.
TRUCK STOP
A commercial use that primarily involves providing fuel to
tractor-trailer trucks owned by numerous different companies. Such
use may also include related retail sales and repair services.
TURBINE HEIGHT
The distance measured from the highest point of the extended
wind turbine blade tip or highest point of the wind energy conversion
system to the ground level.
[Added 3-14-2011 by Ord. No. 813]
UNREGISTERED VEHICLE
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
USE
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include but are not limited to the
following: activity within a structure, activity outside of a structure,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
VARIANCE
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code. See §
220-11.
WAREHOUSE
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 12-12-2016 by Ord.
No. 877]
WETLANDS
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
WIND CHARGER
A wind-driven direct-current generator used for charging
storage batteries.
[Added 3-14-2011 by Ord. No. 813]
WIND ENERGY CONVERSION SYSTEM (WECS)
A device such as a wind charger, wind turbine or windmill
and/or other electric generation facility whose main purpose is to
convert wind power into another form of energy such as electricity
or heat, consisting of one or more wind turbine and other structures
in buildings, including substations, meteorological towers, electrical
infrastructure, transmission lines and other appurtenant structures
and facilities.
[Added 3-14-2011 by Ord. No. 813]
WIND ENERGY PRODUCTION FACILITY
An area of land or other area used for a wind energy conversion
system principally used to capture wind energy and convert it to electrical
energy. Large wind energy production facilities consist of one or
more wind turbines, tower, an associate to control a conversional
electronics and other accessory structures and buildings including
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities. A facility is considered a
wind energy production facility if it supplies electrical power primarily
for off-site use.
[Added 3-14-2011 by Ord. No. 813]
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.
[Added 3-14-2011 by Ord. No. 813]
WIND TURBINE TOWER
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
[Added 3-14-2011 by Ord. No. 813]
WINDMILL
A device that runs on an energy generated by a wheel of adjustable
blades or slats rotated by the wind.
[Added 3-14-2011 by Ord. No. 813]
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 12-12-2016 by Ord.
No. 877]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 12-12-2016 by Ord.
No. 877]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a communications tower
or any other support structure, that could support the placement or
installation of a wireless communications facility if approved by
the Borough.
[Added 12-12-2016 by Ord.
No. 877]
YARD
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal and
accessory structures within specified required minimum yard setbacks.
YARD, FRONT or MINIMUM FRONT SETBACK
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
A.
The front yard shall be on a side that faces
towards a public street, whenever one public street abuts the lot.
B.
When a lot abuts onto two or more public streets,
the applicant may choose which is the front yard, unless the Zoning
Officer determines that the front yard should follow the clearly predominant
front yard orientation of the development of abutting lots.
C.
No accessory or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions, including those regarding corner lots, through lots and front yard exceptions, in §
220-59.
D.
Every lot shall include at least one front lot
line.
YARD, REAR or MINIMUM REAR SETBACK
A.
A yard extending the full width of the lot and
which is always measured from along the rear line and which establishes
the minimum setback for the subject structure, and which stretches
between the side lot lines parallel to the rear lot line.
B.
A principal building shall not extend into the
required rear yard setback for a principal building, and an accessory
structure shall not extend into the required rear yard for an accessory
structure, except as provided in this chapter.
C.
Every lot shall include a rear lot line.
YARD, SIDE or MINIMUM SIDE SETBACK
A.
A yard which establishes the minimum setback
for the closest portion of the subject structure, and which is measured
from along the entire length of the side lot line, and which extends
from the front lot line to the rear lot line.
B.
A structure shall not extend into the applicable
minimum side yard setback, except as provided for in this chapter.
D.
Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under §
220-59B.
ZONING MAP
The Official Zoning Map of Columbia Borough, Lancaster County,
Pennsylvania.
ZONING OFFICER
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.