City of Lancaster, PA Article XVII Definitions

§ 300-83 Word usage; terms defined.

A. For the purpose of this chapter, certain words and phrases are defined in this section, but such definitions shall not be held to modify or affect in any way the legal interpretations of such words and phrases where used in other ordinances or codes of the City of Lancaster.

B. In this chapter, the following rules of interpretation shall be used:

(1) The word "lot" includes the word "plot" or "parcel."

(2) Words in the present tense may imply the future tense.

(3) Words used as singular imply the plural.

(4) The masculine gender includes the feminine and neuter genders.

(5) The word "person" includes a partnership, corporation, association, trust, estate or any other legally recognized entity as well as an individual.

(6) The word "shall" is to be interpreted as mandatory, the word "may" as directory.

(7) The word "occupied" includes the words "designed or intended to be occupied."

(8) The word "used" includes the words "arranged, designed or intended to be used."

(9) 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) ADULT STORE Any establishment or place:

[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 THEATER Any 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 ESTABLISHMENT Any 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 ESTABLISHMENT Any 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.[1]

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.

CHURCH, SYNAGOGUE, MOSQUE, TEMPLE OR OTHER PLACE OF WORSHIP

A place of worship principally used for regularly scheduled religious services and with related education and community programs.

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 CENTER A 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 HOME A 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.

(a) DWELLING TWO-FAMILY A building designed for or occupied by two dwelling units.

(b) DWELLING, MULTIFAMILY A building intended or designed to be occupied by three or more dwelling units.

(c) DWELLING, SINGLE-FAMILY ATTACHED A 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.

(d) DWELLING, SINGLE-FAMILY DETACHED A building designed for and used as a residence for one family, and having no party wall in common with an adjacent building.

(e) DWELLING, SINGLE-FAMILY SEMIDETACHED A building designed for and used as a residence for one family, and having one party wall in common with an adjacent building.

EATING AND DRINKING ESTABLISHMENT (includes RESTAURANT)

A business that primarily exists to provide ready-to-eat food and beverages to customers. If the use also meets the definition of a "nightclub," the requirements of such use shall also be met.

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.

FLOODPLAIN

See definitions in § 300-39F of this chapter.

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[2] 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,[3] 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:

(a) Hours of operation;

(b) Outdoor storage of refuse, equipment or materials;

(c) Noise, odors, light glare, and vibrations;

(d) Off-street parking and loading areas;

(e) Traffic generation;

(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 CORNER

A lot abutting two intersecting streets. See § 300-22.

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 LOT The 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 LOT The 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[4] or the Pennsylvania Industrialized Housing Act of 1972,[5] 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.

OFFICES OF A BUSINESS NATURE

(a) OFFICES SERVING THE BUSINESS COMMUNITY Offices or agencies which provide services and support primarily to other businesses and not to the general public and are characterized by limited face-to-face contact with customers or clients.

(b) OFFICES SERVING THE GENERAL PUBLIC Offices or agencies which provide services and support primarily to the general public.

OFF-STREET PARKING

See "parking lot or garage."

PARCEL

See "lot" or "lot of record."

PARKING LOT OR GARAGE

An accommodation for the parking of vehicles.

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:

(a) PARK, PLAYGROUND OR GAME COURT, COMMERCIAL Recreational facilities operated as a business and open to the general public for a fee.

(b) PARK, PLAYGROUND OR GAME COURT, RESTRICTED Recreational facilities operated for restricted use in conjunction with a particular organization, and open only to its members and guests.

(c) PARK, PLAYGROUND OR GAME COURT, PRIVATE Recreational 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.

(d) PARK, PLAYGROUND OR GAME COURT, PUBLIC Recreational facilities operated as a nonprofit enterprise by a governmental or private organization, and open to the general public.

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, ENCLOSED A 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, UNENCLOSED A 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.[6]

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."[7]

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.

RESIDENTIAL DISTRICT

The R1, R2, R3, R4, RO and MU Districts.

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 single-family dwelling 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]

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]

STATION, CHARTER BUS, INTERCITY BUS, LOCAL BUS AND MASS TRANSIT PASSENGER

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.

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.[8]

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.

TERMINAL, MOTOR OR RAILROAD FREIGHT

A facility that serves as a distribution point for freight carriers.

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.[9]

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.[10])

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).

[1] Editor's Note: Figure 1, which illustrates lot lines, building lines and yard areas, is included as an attachment to this chapter.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

[3] Editor's Note: See 42 U.S.C. § 3601 et seq.

[4] Editor's Note: See 42 U.S.C. § 5401 et seq.

[5] Editor's Note: See 35 P.S. § 1651.1 et seq.

[6] Editor's Note: See 53 P.S. § 10101 et seq.

[7] Editor's Note: See 65 Pa.C.S.A. § 701 et seq.

[8] Editor’s Note: The former definitions of “telecommunications antenna” and “telecommunications tower,” which immediately followed this definition, were repealed 9-13-2016 by Ord. No. 9-2016.

[9] Editor's Note: The former definition of "visitor house rental," added 7-11-2017 by Ord. No. 10-2017, which immediately followed this definition, was repealed 5-10-2022 by Ord. No. 07-2022.

[10] Editor's Note: Figure 1 is included as an attachment to this chapter.