If a term is not defined by this chapter, but is defined by another
part of the Codified Ordinances of the City of Lancaster, that definition
shall apply to this chapter. Words not defined below or in another
part of the Codified Ordinances shall have their plain and ordinary
meaning, within the context of the provision. A standard Webster's
Unabridged Dictionary should be consulted.
ACCESSORY STRUCTURE
A structure located on the same lot as and customarily incidental
and subordinate to the principal building or structure.
ACCESSORY USE
A use which is subordinate and customarily incidental to the principal use of a building, structure or lot, does not exceed 25% of the gross floor space or lot area of the principal use, and is further regulated by §
300-16 and other provisions herein. For example, a retail outlet at a manufacturing facility or a day care center in an office building for employees only are accessory uses.
ADULT-ORIENTED BUSINESS
A business or club which engages in one or more of the following
areas of sales, services or entertainment:
(a)
[1]
Which has a substantial or significant portion of its stock-in-trade
consisting of the following items:
[a]
Books, magazines or other periodicals, video or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction, description or display of sexual activities
or conduct or uncovered male or female genital areas; or
[b]
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities or conduct; or
[2]
To which the public is permitted or invited, wherein coin- or
slug-operated or electronically or mechanically controlled video devices
are maintained to show images, where the images so displayed are distinguished
or characterized by an emphasis on depiction, description or display
of sexual activities or conduct or uncovered male or female genital
areas.
(b)
ADULT THEATERAny theater, auditorium, concert hall or other place of assembly presenting any form of audio and/or visual material, and in which a substantial portion of the total presentation time measured over any consecutive thirty-day period is or will be devoted to the showing of material which is distinguished or characterized by emphasis on depiction, description or display of sexual activities or uncovered male or female torsos or genital areas, or featuring live performances on a regular basis which are distinguished or characterized by emphasis on depiction, description or display of sexual activities or by exposure of uncovered female nipples or male or female genital areas for observation by patrons.
(c)
MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy within a private or semiprivate room. This term shall not include massages conducted by a health care professional, chiropractor, massage therapist, or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, exercise club, primary or secondary school, gymnasium, or closely similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(d)
OTHER ADULT-ORIENTED RETAIL, COMMERCIAL SERVICE OR ENTERTAINMENT ESTABLISHMENTAny other business or club which primarily offers its patrons or members retail goods, commercial services, or entertainment which is characterized by an emphasis on matter or activities relating to depicting, describing or displaying sexual activity or conduct or uncovered male or female torsos or genital areas. For the purpose of this section, businesses whose employees entertain or serve the general public, e.g., dancers, waiters and waitresses, with uncovered genital areas or female nipples shall be considered as adult-oriented businesses.
ALLEY, COMMON
A right-of-way intended to be used for vehicular and/or pedestrian
access primarily to the rear yards of two or more lots and not owned
or accepted for dedication by the City of Lancaster.
APARTMENT DWELLING
A dwelling unit or efficiency unit, commonly known as an
"apartment," which is located in a building containing one or more
nonresidential uses on the street-level floor. An apartment dwelling
may be occupied by a family or nonfamily unit, as defined herein.
As provided for in 300 Attachment 2, only one or two apartment dwellings
shall be permitted in a building containing one or more nonresidential
uses.
[Amended 6-25-2019 by Ord. No. 10-2019]
AREA
See "building area," "gross floor area," or "lot area."
AUTOMOBILE REPAIR
A commercial establishment, garage, or other property where
the repair and service of vehicles, regardless of whether owned by
the property owner or whether the repair/service is performed for
financial gain, occurs on a periodic or ongoing basis. Exempt from
this definition is the repair of a vehicle owned by the occupant of
a residential property or the leaseholder of a rental garage where
the vehicle is stored, and where the vehicle being repaired by the
occupant or leaseholder shall be stored in a completely enclosed building,
and if electrical service is necessary for repair work, the garage
shall have an approved electrical source for lighting and receptacles.
BANK or SIMILAR FINANCIAL INSTITUTION
An establishment for the custody, loan, exchange, or issue
of money, for the extension of credit, and for facilitating the transmission
of funds. Credit unions and check-cashing businesses properly licensed
by the Commonwealth of Pennsylvania shall be included in this definition.
BASEMENT
(a)
That portion of a building that is completely below grade or
partially below grade where the finished floor surface of the floor
above the basement meets any one of the following:
[1]
Is less than six feet above grade;
[2]
Is less than six feet below finished ground level for more than
50% of the total building perimeter; or
[3]
Is less than 12 feet above the finished ground level at any
point.
(b)
A basement that is determined to be a story above grade plane
as per the Uniform Construction Code is counted as a story for the
purposes of determining building height.
BEAUTY OR BARBER SHOP
An establishment where hairdressing, hair trimming, facials,
manicures, pedicures, body waxing, tanning, or other related services
are provided. Tattoo and body-piercing businesses are excluded from
this definition.
BED-AND-BREAKFAST
An owner-occupied or manager-occupied establishment with
not more than one nonresident employee, and in which guest units are
rented on a nightly basis for periods not to exceed two weeks. Dining
and other facilities shall not be open to the public, but shall be
exclusively for the use of the residents and registered guests. Breakfast
shall be the only meal served.
BICYCLE PARKING FACILITY
A building or structure that helps to secure a bicycle against
theft and meets the criteria of the City's standards, policies and
procedures for bicycle parking facilities, which may be changed from
time to time as promulgated by the City Engineer.
[Added 6-25-2019 by Ord. No. 10-2019]
BUILDING
A structure enclosed and isolated by exterior walls and roof
constructed or altered to be used for residential, commercial, industrial,
or other purposes. Where the context requires, the word "building"
shall be construed as though followed by the words "or parts thereof."
BUILDING AREA
That area of a lot, excluding the required yard areas and located within the building line, where a structure or structures may be erected or constructed, with the exception of accessory buildings as provided for in §
300-27, Accessory structures.
BUILDING COVERAGE
That portion of a lot covered or occupied by structures.
For the purpose of computation, building coverage excludes fences,
freestanding walls, retaining walls, decks and permanent wading pools
not more than 30 inches above grade, playground equipment, fire escapes,
cornices, eaves, gutters, temporary patio furniture, retractable awnings,
and paved areas. Building coverage includes but is not limited to
the lot area covered by principal buildings, garages, storage buildings,
in-ground swimming pools, gazebos, roofed-over patios, porches and
balconies, decks and pools over 30 inches or more in height above
grade, and other accessory structures.
BUILDING HEIGHT
The vertical distance measured from the average grade level of the building site covered by the building to the highest point of the roof adjacent to the front wall for flat roofs, or the deck of mansard roofs, or the mean height between eaves and ridge for gabled, hipped, or gambrel roofs. See exceptions in §
300-29.
BUILDING/HOME IMPROVEMENT EQUIPMENT, FURNISHINGS, LANDSCAPING,
AND SUPPLIES
A retail store whose principal merchandise consists of products
related to home or building improvements, including but not limited
to the following: building materials, carpeting, electrical fixtures
and supplies, furniture and home furnishings, garden supplies, glass,
hardware, heating and air-conditioning equipment and supplies, household
appliances, lumber, paint, plumbing equipment and supplies, power
and hand tools, swimming pools and hot tubs, wallpaper and related
products.
BUILDING LINE
A line which connects the points of intersection of the interior front, rear and side yard lines. The area contained within the building line is the permitted building area, subject to the requirements established within Article
VI, Schedule of District Regulations - Table of Height, Area and Bulk Regulations. See diagram at the end of this article for building line illustration.
BUSINESS/PROFESSIONAL/SERVICE OFFICE
A business office or professional firm providing specialized
services to individuals or to other businesses, including but not
limited to accounting and other financial company, advertising agency,
architectural firm, law office, counseling service, engineering firm,
holding and investing company, insurance office, loan office, notary
public, private detective agency, real estate agency, telephone answering
service, and other office of a general business nature. Excluded from
this definition are banks or similar financial institutions, contractors'
offices, government offices, medical and other health services, and
social service agencies.
BUS PASSENGER STATION OR TERMINAL
A building, other than a bus shelter, which is a regular
stopping place on a transportation route. Such a building is primarily
for the use of passengers.
CART OR TRUCK VENDOR
A person selling or offering for sale food products and/or
natural products from a vending cart or vending truck.
CARTWAY
The paved surface of a street or alley available for use
by vehicular traffic.
CERTIFICATE OF APPROPRIATENESS
The document, approved by City Council, which certifies the historical appropriateness of certain regulated activities to be undertaken by the applicant. For development plans within the Historic District, see definition of "certificate of appropriateness" as set forth in the Code of the City of Lancaster, Chapter
155, Article
I, Historic Districts, §
155-5. For development plans within the Heritage Conservation District, see definition of "certificate of appropriateness" as set forth in City Code Chapter
155, Article
II, Heritage Conservation District, §
155-20.
CERTIFICATE OF ZONING COMPLIANCE
The document issued to an applicant following approval of
an application and plans for a new use or change of use of any building,
structure, or lot or part thereof.
CIVIC/CONVENTION CENTER
A multipurpose facility and a place of public assembly available
to the general public which houses a variety of activities, such as
business and community meetings and events, exhibits, trade shows,
performing and visual arts, sports and athletic events, including
support facilities such as kitchens, offices, and storage areas.
COMBINATION DWELLING
A building containing two or more residential units with
at least two different allowed dwelling unit types.
COMMERCIAL STOREFRONT
The first floor, street-level frontage of a building that
is characterized by one or more display windows, often with a cornice
or fascia board above the display window, and by one or more doorways
providing public access to the building's front interior, and intended
for occupancy by a retail or other commercial business serving customers
who purchase merchandise or services.
COMMUNITY CENTER
A multipurpose facility open to the public and providing
educational, recreational, and/or family support activities.
COMMUNITY GARDEN
A privately or publicly owned lot or lots used for the growing and harvesting of fruits, vegetables, plants, flowers and/or herbs by multiple users. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be gardened collectively by members of a group and may include common areas maintained or used by group members. Community gardens may include accessory structures for the storage of materials associated with the gardening activity and/or growing of plants beyond the outdoor growing season. Accessory and seasonal structures shall not be considered as improvements requiring land development plan approval; however, stormwater management as per the Stormwater Management Ordinance, Chapter
260, of the Code of the City of Lancaster is applicable.
[Added 7-11-2017 by Ord.
No. 10-2017]
COMMUNITY REHABILITATION FACILITY/HALFWAY HOUSE
Group living quarters for persons who need specialized housing,
treatment and/or counseling that provides supervised housing as an
alternative to imprisonment, including but not limited to pre-release,
work-release, probationary programs, or active criminal rehabilitation,
or provides treatment/housing for persons convicted of driving under
the influence of alcohol and/or controlled substances.
CONTRACTOR'S OFFICE
A business office, often with storage of materials, operated
by tradespeople who contract to perform work for the construction,
repair, or improvement of buildings or property.
CONVENIENCE STORE/MINI-MARKET
A retail establishment not exceeding 7,000 square feet gross
floor area, selling food products and miscellaneous merchandise and
which is open for business more than 16 hours per day.
CRIMINAL/JUVENILE DELINQUENT DETENTION FACILITY
A structure or structures used for the detainment of individuals
who have been arrested and are awaiting court action and/or for the
incarceration of individuals assigned prison terms by the courts,
for the detainment of juveniles who have been detained and are awaiting
court action, and/or for the detention of juveniles who have been
adjudicated as delinquents by the courts.
DANCE HALL
A facility where the principal activity is social dancing,
regardless of whether open to the public or restricted to members
and with or without payment of an admission fee.
DAY CARE CENTER/HOME
A building in which child care is provided as a service to
parents/guardians on a regular basis for a fee.
(a)
DAY CARE CENTERA building or area within a building licensed by the Commonwealth of Pennsylvania where child care is provided for a fee for seven or more children and the space where child care is provided is not part of a dwelling. This number shall not include children who regularly reside with the caregiver.
(b)
DAY CARE HOMEA dwelling in which child care is provided for a fee by the occupant for children unrelated to the occupant and which is registered by the commonwealth, if for four to six children, or licensed, if for seven to 12 children. This number shall not include the children who regularly reside with the caregiver.
DECK
A roofless structure consisting of a floor with or without
steps and/or a handrail.
DESIGN REVIEW COMMITTEE
The review committee, appointed by the Mayor with the approval
of City Council, that is charged with the responsibility of making
recommendations on design matters as set forth in this chapter.
DRIVEWAY
A private drive or right-of-way providing vehicular and pedestrian
access from a public street or public or common alley to a lot and/or
building on a lot.
DWELLING UNIT
Two or more habitable rooms designed for or occupied by not
more than one family or nonfamily unit as a single housekeeping unit,
whether occupied or unoccupied.
(c)
DWELLING, SINGLE-FAMILY ATTACHEDA building designed for and used as a residence for one family, and having a party wall on each side in common with adjacent buildings, except that dwellings at the ends of a row of three or more attached dwellings and having only one wall in common with an adjacent building shall be considered as a single-family semidetached dwelling for purposes of lot area.
EFFICIENCY UNIT
A housekeeping unit consisting of one habitable room containing
living, sleeping, cooking and eating facilities, with or without partial
or temporary separation of function areas, and with a separate room
for sanitation. The term "efficiency unit" shall include a studio
unit, provided there are no separate rooms for living, sleeping, cooking
or eating.
EMERGENCY SHELTER FOR HOMELESS
A structure or part thereof operated as a temporary or transitional
shelter for persons who lack fixed, regular, and adequate nighttime
residences. Rules of conduct, such as curfew, may be established by
the shelter operator as a condition of residency; however, residents
are in no way incarcerated. Such facility shall be designed to provide
shelter for homeless adults and/or children only until permanent living
arrangements can be obtained.
EVENT FACILITY
A building or portion thereof used for miscellaneous gatherings,
including but not limited to anniversaries, concerts, graduations,
rallies, reunions and weddings, where food and beverages may be provided,
and which may be used for private or public purposes.
FAMILY
This term is used to regulate the occupants who may reside
in a dwelling unit. Unless otherwise specifically stated, each dwelling
unit shall only be occupied by a maximum of one family.
(a)
The term "family" shall only include one of the following:
[1]
One or more persons related by blood, marriage or adoption,
including foster children, and including no more than one unrelated
person; or
[2]
Not more than two unrelated persons, and which may include persons
related to either or both of them by blood or adoption, and including
foster children. For example, two unrelated adults that each live
with their own child may together be considered to be one family;
or
[3]
Two persons who are in a civil union or marriage recognized
by any state of the United States, including persons related by blood
to either person and including adopted and foster children, and including
no more than one unrelated person.
(b)
Residents shall only be considered to meet the definition of
a "family" if they live together in a single housekeeping unit and
share all of the facilities of that dwelling unit in common.
(c)
See also "nonfamily unit," which allows three unrelated persons
to live in a dwelling unit.
(d)
The term "related by blood" shall include relationships up to
and including a first cousin, but shall not include more distant relationships.
FENCE
A structure intended to mark a boundary and that is not constructed
of masonry, sheet metal, scrap metal or similar materials.
FLOOR AREA or GROSS FLOOR AREA
The sum of the area of the several floors of a building,
as measured from the exterior faces of the walls, but excluding basements
or attics not used or intended to be used for human occupancy or other
use. In the case of a building used or intended to be used as a commercial
establishment, basements or attics not utilized or intended to be
utilized by persons other than employees of the commercial establishment
shall be ignored when computing the floor area/gross floor area.
FOOD PRODUCTS
Foods, both prepared on site or off site, subject to the
approval of the Health Officer, intended for human consumption.
FORESTRY
The definition in the Pennsylvania Municipalities Planning
Code shall apply.
FRATERNITY
A rooming house or boardinghouse occupied by full-time students
of an accredited college as part of a student organization formed
for social or academic purposes.
FUNERAL SERVICES
Establishments with facilities for the preparation of the
dead for burial, for cremation of the dead, for the viewing of the
dead and for memorial services.
GAME ROOM
An establishment with more than two mechanical and/or electronic
coin- or token-operated amusement devices.
GARAGE, PRIVATE
A garage accessory to a principal building, either attached
to said principal building or as a separate accessory use, used for
vehicle storage, and in which no business, service, or industry connected
directly or indirectly is conducted.
GOURMET SPECIALTY FOOD STORE
A retail business whose principle commodities consist of
food products, both imported and domestic, with no more than 10% of
gross floor area consisting of nonfood products.
GROCERY/GENERAL STORE
A retail establishment selling food products, including prepared
food items, and other miscellaneous merchandise not exceeding 50%
of the gross floor area, which is open for business 16 or fewer hours
per day.
[Amended 6-25-2019 by Ord. No. 10-2019]
GROUP CARE FACILITY
An institutional care facility licensed by the appropriate
county, commonwealth or federal agency, in which seven or more persons
with physical or mental disabilities, including persons recovering
from drug or alcohol addictions, reside while receiving therapy or
counseling for their disability prior to moving into more permanent
living arrangements in family dwellings, or nursing, convalescent
or similar health care facilities.
GROUP HOME
A dwelling occupied by no more than six individuals with
disabilities, as defined and protected by the federal Fair Housing
Act, as amended, who live together primarily for purposes relating
to their disabilities as the functional equivalent of a family in
a shared living arrangement licensed by the appropriate county, commonwealth
or federal agency.
GREEN ROOF
A roof of a building that is partially or completely covered
with a growing medium and vegetation, planted over a waterproofing
membrane.
HABITABLE FLOOR AREA
Floor area measured from the inside face of the exterior
walls of a rooming unit or a housekeeping unit, excluding attics and
basements not approved as habitable space by the Building Code Official.
HEDGE
A physical boundary and/or barrier formed by a dense row
of shrubs or trees, and/or other plants capable of growing to heights
of four or more feet.
HISTORICALLY SIGNIFICANT STRUCTURE
A structure that has been designated by the U.S. Department
of the Interior as a national historic landmark, is listed in the
National Register of Historic Places either individually or as a contributing
resource within a National Register Historic District, or has been
determined eligible for listing in the National Register of Historic
Places by the Pennsylvania Historical and Museum Commission.
HISTORIC PRESERVATION SPECIALIST
A municipal employee or individual retained by the City of
Lancaster meeting the professional and educational qualifications
of 36 CFR 61, as required by federal regulation.
HOME OCCUPATION
Any nonresidential use conducted for gain or support within a dwelling or structure accessory to the dwelling, as provided for in Article
V, and carried on by occupants thereof, which use is clearly incidental and secondary to the use of the dwelling as a dwelling unit and does not change the residential character thereof.
HOMESTAY
A single-family dwelling unit wherein a maximum of two bedrooms
are rented by written contract on a short-term basis and where the
dwelling unit is concurrently occupied by a property owner.
[Added 5-10-2022 by Ord. No. 07-2022]
HOSPITAL
An institution licensed in the Commonwealth of Pennsylvania
as a general hospital, which renders inpatient, outpatient, and emergency
medical care on a twenty-four-hour-per-day basis, and provides primary
health services and medical/surgical care to persons with physical
or mental conditions requiring definitive diagnosis or treatment,
or both. Accessory uses located within the HC District may be located
on a lot within said district which is independent of the hospital.
[Amended 7-11-2017 by Ord. No. 10-2017]
HOTEL
A commercial lodging establishment that offers units for
sleeping purposes to transient guests and which provides twenty-four-hour
service for receiving and assisting guests.
HOUSEKEEPING UNIT
One or more habitable rooms with living, sleeping, cooking,
eating, and sanitation facilities.
IMPACT FACTORS
Impacts of development that an applicant shall address, to
the satisfaction of the Zoning Hearing Board, indicating that the
health, safety and welfare of the neighborhood will be protected:
(b)
Outdoor storage of refuse, equipment or materials;
(c)
Noise, odors, light glare, and vibrations;
(d)
Off-street parking and loading areas;
(f)
Proposed structural alterations, including impact on historically
significant structures; and
(g)
Compatibility with the immediate neighborhood and the district.
LANDSCAPING
A planting area containing a combination of vegetation, including
deciduous and coniferous trees, shrubs, tall grasses, living ground
cover, flowering plants, ponds, rock gardens and adjacent lawn areas
or that is maintained with existing healthy trees and vegetative ground
cover.
LIVE-WORK UNIT
Building space that is used as both a dwelling unit and for certain nonresidential uses authorized by §
300-15, and which involves at least one resident of the dwelling operating the on-site nonresidential use.
LOT
A measured parcel of land having fixed boundaries described
by metes and bounds and existing as a lot of record or intended to
be recorded following approval of a subdivision plan.
LOT AREA
The lot area contained within lot lines, excluding space
within the right-of-way of all streets and public and common alleys,
but including the area contained in any easement and generally expressed
in acres or square feet.
LOT COVERAGE
The area of a lot containing man-made structures and surfaces,
such as buildings, pools, patios, decks, walks, parking areas, truck
loading areas, and other improved areas. Impervious surfaces, stoned
surfaces and porous paving shall all be regulated as improved areas
for the purpose of calculating lot coverage.
LOT FRONTAGE
The frontage of a lot shall be construed to be that portion
of the building line or front yard line adjacent to a public street.
LOT LINE
A lot line is a line, generally established by metes and
bounds, which when combined with other lot lines delineates a lot
or parcel of land.
LOT MEASUREMENTS
(a)
DEPTH OF A LOTThe distance of a straight line connecting the midpoint of the front lot line with the midpoint of the rear lot line.
(b)
WIDTH OF A LOTThe distance of a straight line connecting the side lot lines, measured across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where a minimum lot frontage of 40 feet for single-family detached dwellings and 25 feet for single-family semidetached dwellings shall apply.
LOT OF RECORD
A plotted lot which is part of a legal subdivision recorded
in the office of the Recorder of Deeds, or a lot or parcel described
by metes and bounds, the description of which has been so recorded.
MAINTENANCE EASEMENT
A right to enter onto the property of another for the purpose
of maintaining a structure erected or placed upon the benefited property
in close proximity to the common boundary line, said right being granted
by the owner of the adjacent and burdened property to the owner of
the benefited property containing said structure, and recorded in
the office of the Recorder of Deeds for Lancaster County, Pennsylvania.
MANUFACTURED DWELLING
A single-family dwelling, constructed in accordance with
the National Manufacturing Housing Construction and Safety Standards
Act of 1974 or the Pennsylvania Industrialized Housing Act of 1972, or successor standards, and that is intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral part, transported to a site complete
and ready for occupancy except for minor and incidental unpacking
and assembly operations, and securely anchored to the ground in accordance
with applicable construction codes.
MECHANICAL AND ELECTRONIC AMUSEMENT DEVICES
Machines designed for recreation and entertainment, which
include, but are not limited to, pinball machines, electronic video
games, pool tables and other amusement machines. One or two machines
shall be considered an accessory use.
MISCELLANEOUS REPAIR
An establishment where repair of appliances, electronics
equipment, machinery or other items occurs, excluding motorized vehicles
or major components thereof.
NATURAL PRODUCTS
Fresh whole fruits and vegetables, flowers, and other unprocessed
plant products, subject to the approval of the City of Lancaster Health
Officer.
NIGHTCLUB
A place of entertainment open at night and offering musical
entertainment, such as a jazz club or comedy club, and usually providing
food and alcohol. Any dancing permitted on premises will be limited
as an accessory use, not exceeding 25% of the gross floor area. If
dancing by patrons is the primary use of the premises, then the requirements
for a dance hall shall also be met.
NONCONFORMING STRUCTURE
A structure or part of a structure that does not comply with the applicable height, area, and bulk regulations of Article
VI, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter 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 or extent of use provisions in this chapter
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of this chapter or amendment or
prior to the application of this chapter or amendment to its location
by reason of annexation.
NONFAMILY UNIT
A dwelling unit occupied by no more than three persons who
live together in a single housekeeping unit and share all of the facilities
of that dwelling unit in common.
PARCEL
See "lot" or "lot of record."
PARK, PLAYGROUND or GAME COURT
An open air recreational facility, excluding amusement parks,
which may include recreational equipment and improvements to accommodate
a variety of athletic and recreational activities as well as one or
more concession stands, amphitheaters, historic sites and/or other
facilities as accessory uses; which may be used on an occasional basis
for special public events; and which is further defined below:
(c)
PARK, PLAYGROUND OR GAME COURT, PRIVATERecreational facilities operated for restricted use in conjunction with a particular housing development or private residences, and open only to the residents and guests of said developments or private residences.
PERFORMING ARTS STUDIO
A facility used for practice or rehearsal by individuals
or groups in the performing arts, provided that no public performances
and no social dancing shall occur.
PET STORE
A retail establishment specializing in the sale of live animals.
Stores that sell only pet accessories should be considered as a "retail
store."
PHARMACY
An establishment where prescription medicines and drugs are
compounded and/or dispensed and where a variety of over-the-counter
medications, cosmetics, and other miscellaneous merchandise may be
sold.
PLAT
A map or survey of property lines indicating the subdivision
or resubdivision of land, intended to be filed for record.
POOL, SWIMMING
A body of water of artificial construction, either indoors or outdoors, used for swimming or recreational bathing, together with the sides and bottom of the pool, buildings, equipment and appurtenances. Pools functioning as principal uses shall be regulated by §
300-15, Table of Permitted Uses. Pools that are accessory uses shall comply with §
300-20, Table of Height, Area and Bulk Regulations.
PORCH
A roofed-over structure projecting from the front, side or
rear wall of a building.
(a)
PORCH, ENCLOSEDA porch which contains jalousies, permanent glass or louvered windows, fixed screens or panels, or any other material on one or more of its sides projecting from the building.
(b)
PORCH, UNENCLOSEDA porch that is not enclosed in any way by screens, glass, panels, or any other material, with the exceptions of a balustrade or railing not to exceed three feet in height above the floor of such porch and retractable awnings or shades.
PRINCIPAL BUILDING
A building in which is conducted a principal use of the lot
on which it is situated. In any residential district, any structure
containing a dwelling unit shall be deemed to be a principal building
on the lot on which such building is situated.
PRINCIPAL USE
The primary use of a lot, building, or structure, or a definable
unit within a building or structure.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the City
Council, intended to inform and obtain public comment, prior to taking
action in accordance with the Pennsylvania Municipalities Planning
Code.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), as amended and known as the "Sunshine Act."
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
A street or alley which has been dedicated to and accepted
by the City of Lancaster and has been placed on the Official City
(Street) Plan.
RETAIL STORE
An establishment whose primary activities involve the sale or rental of goods and products directly to the consumer. This term shall not include the retail sale of food products at businesses listed as principal uses in §
300-15, Table of Permitted Uses.
RETAINING WALL
A structure of concrete, masonry, wood, or other material
designed to resist lateral soil load.
RIGHT-OF-WAY
The total width of any land used, reserved or dedicated as
a street, alley, driveway, sidewalk or utility easement.
ROOMING (BOARDING) HOUSE
A building or part thereof designed for and occupied as a
residence containing one or more rooming units. A boardinghouse, which
includes meals for lodgers, is designated as a rooming house under
this chapter.
ROOMING UNIT
A room or rooms intended to be used for living and sleeping,
but not for cooking and/or eating purposes.
SCHOOL AND EDUCATIONAL FACILITY
A business college, trade school, music conservatory, art
or dance school, or similar organization offering training in a specific
field.
SCHOOL, ELEMENTARY OR SECONDARY
A facility educating students from kindergarten through 12th
grade, either parochial or private, recognized under the education
laws of the state.
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 of nonhazardous materials and no processing, manufacturing,
sales, research and development, service or repair, or other storage
activities shall occur.
SERVICES TO DWELLINGS AND OTHER BUILDINGS
An establishment engaged in furnishing specialized services
such as but not limited to janitorial service, floor waxing, office
cleaning, window cleaning, disinfecting and exterminating services
to dwellings and other buildings.
SETBACK LINE
A line drawn parallel with the property line and being drawn a distance therefrom by the amount of the required yard for the district in question. See §
300-22 regarding setback lines for multiple frontage and corner lots.
SHELTER FOR ABUSED PERSONS
A temporary group residence that provides a safe and supportive
environment for persons who, because of actual or threatened physical
domestic violence or mental abuse, are forced to leave their previous
residence. Such facility shall be designed to provide shelter for
at-risk adults and/or children only until a safe, permanent living
arrangement can be obtained.
SHORT-TERM RENTAL
A fully furnished dwelling unit that is rented on a short-term
basis by written contract to registered guests visiting the Lancaster
area and that is not occupied by an owner or manager. Guests have
use of the facilities as provided for in any contract or agreement
with the owner or management company, and no services, such as meals
or house cleaning, are provided to the guests.
[Added 5-10-2022 by Ord. No. 07-2022; amended 5-23-2023 by Ord. No. 07-2023]
SOCIAL SERVICE AGENCY
A private, government-sponsored or governmental agency that
provides personal and/or family counseling, financial counseling and/or
support, job training and/or referral, and other human support services.
SORORITY
Shall have the same meaning as a "fraternity."
SPECIAL HOSPITAL
An institution licensed by the Commonwealth of Pennsylvania
as a special hospital and equipped and staffed for the treatment of
disorders within the scope of specific medical specialties or for
the treatment of limited classifications of diseases in their acute
or chronic stages on an inpatient basis of 24 or more hours.
[Added 7-11-2017 by Ord.
No. 10-2017]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above, having a floor
area that is 50% or more of the floor area of the story immediately
below and with a ceiling height of at least seven feet.
STREET LEVEL or GROUND FLOOR
The floor of a building providing the most direct pedestrian
access from a public street to the building interior and being nearly
level with an adjacent public street or ground level.
STREETSCAPE
The visual impression of the built environment along a street
created by building setbacks, rooflines, building mass, architectural
styles and elements, building materials and texture, sidewalks, signage,
trees and landscaping.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, excluding
paved areas.
SUPERMARKET
A retail establishment greater than 10,000 square feet in
floor area selling food products, including prepared food, and where
miscellaneous merchandise does not exceed 50% of the gross floor area.
SUPPORTIVE HOUSING
Group living quarters with shared cooking and eating facilities
for persons receiving counseling and/or life skills training for personal
management issues, including but not limited to emotional issues,
substance abuse, financial mismanagement, or inadequate life management
skills. Supportive housing facilities shall not include "community
rehabilitation facility," "emergency shelter for homeless," "group
care facility," "group home," "nursing or other health care facility,"
"shelter for abused persons," or "temporary shelter," as defined by
this chapter.
TEMPORARY SHELTER
A structure or part thereof intended to temporarily house
families or individuals who are victims of a disaster, who are affected
through action on the part of or on behalf of the municipality other
than routine redevelopment-related relocation activities, or who have
bona fide emergency housing needs.
TENTATIVE APPROVAL
The preliminary approval of development plans by the City of Lancaster Planning Commission for land development applications as provided for in §
300-23, Flexible residential development option.
TRANSITIONAL HOUSING
A use that is intended to facilitate the movement of homeless
persons, persons who are near-homeless, or persons who have recently
left an institution into permanent housing within a maximum period
of 24 months, and that provides links to supportive services on site
or off site to assist in making the transition.
USE
The specific purpose for which land, a structure, a building,
or a unit within a structure or building is or may be used, occupied
or maintained.
USE PERMITTED BY CONDITIONAL APPROVAL (C)
A use that is permitted within a zoning district but because of potential impacts on the health, safety and welfare of the district requires special review at a public hearing of the Lancaster City Council, as stipulated under Article
XII, §
300-70, of this chapter.
USE PERMITTED BY RIGHT (X)
A use which is permitted within a particular zoning district
without Zoning Hearing Board Review by virtue of its appropriateness
in regard to the general health, safety and welfare of the zoning
district.
USE PERMITTED BY SPECIAL EXCEPTION (S)
A use that is permitted within a zoning district but because of potential impacts on the health, safety and welfare of the district requires special review at a public hearing of the Zoning Hearing Board, as stipulated under Article
XII, §
300-68, of this chapter.
VARIANCE
Relief regarding a property, land use or activity from compliance
with a specific provision(s) of this chapter, and which is granted
by the Zoning Hearing Board in compliance with state law. A variance
is a relaxation of the terms of this chapter, where such variance
will not be contrary to the public interest and where, owing to unique
physical circumstances or conditions peculiar to the property and
not the result of actions of the applicant, a literal enforcement
of this chapter would result in unnecessary and undue hardship.
VEHICLE
A carrier of people, animals, or goods, which shall include
nonmotorized trailers pulled by a motor vehicle, but excluding nonmotorized
cycles.
VENDING CART or VENDING TRUCK
A vehicle, whether motorized or not, used to transport food
products and natural products to a fixed location for the purpose
of open-air selling of products to the general public.
VISITOR HOUSE RENTAL
A fully furnished single-family dwelling that is rented on
a short-term basis to registered guests visiting the Lancaster area
and that is not occupied by an owner or manager. Guests have use of
the facilities as provided for in any contract or agreement with the
owner or management company, and no services, such as meals or house
cleaning, are provided to the guests.
[Added ]
WHOLESALE AND/OR RETAIL DISCOUNT WAREHOUSE
A commercial establishment in excess of 40,000 square feet
gross floor area, but not exceeding 160,000 square feet, that sells
discounted general merchandise, which may include food products, on
a wholesale and/or retail basis.
YARD
A yard is a required open space which is unoccupied and unobstructed by any structure or portion of a structure; provided, however, that fences and walls, accessory structures, porches, stoops and decks may be permitted in any yard subject to the requirements of Article
VII, Supplementary District Regulations. (See Figure 1.)
ZONING OFFICER
The duly constituted municipal official designated to administer
and enforce the Zoning Ordinance of the City of Lancaster, and any
designated assistant Zoning Officer(s).