Words and phrases shall be presumed to be used
in their ordinary context unless such word or phrase is defined differently
within this section.
In this chapter, when not inconsistent with
the context:
A.
Words in the present tense imply also the future tense.
B.
The singular includes the plural.
C.
The male gender includes the female gender.
D.
The word "person" includes an individual, incorporator's
association, member(s) of a partnership or the officers of a corporation,
as well as any similar entity.
E.
The term "shall" or "must" is always mandatory.
F.
The word "building" includes "structure" and shall
be construed as if followed by the words "or part thereof."
G.
The word "lot" includes the words, "plot, parcel or
tract."
H.
The word "street" includes "highway, road, avenue,
alley and lane."
I.
The word "watercourse" includes drain, ditch, stream,
swale or wetland.
J.
The phrase "used for" includes "arranged for, designed
for, intended for, maintained for and occupied for."
K.
The words "includes" or "including" shall not limit
the term to the specified example but is intended to extend its meaning
to all instances of the kind and character.
L.
The word "should" means that it is strongly encouraged
but not mandatory.
M.
The word "sale" shall also include rental.
N.
If a word is not defined in this chapter, but is defined
in the Borough Subdivision and Land Development Ordinance, the definition
in the Subdivision Ordinance, as amended, shall be used.
O.
Any word or term not defined in this chapter or the
Borough Subdivision and Land Development Ordinance shall be used with
the meaning of standard usage within the context of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
The sharing of a common lot line by areas of contiguous lots,
except not including lots entirely separated by a street or a nonintermittent
waterway.
A privately owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit, commercial or industrial
use. (See also "driveway.")
See "highway access point."
A structure, such as a private garage or storage building,
serving a purpose customarily incidental to the use of the principal
building and located on the same lot as the principal building. The
accessory structure ceases to be accessory if the structure is rented
or leased for profit.
[Amended 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Apartments or other living quarters shall not
be permitted in any accessory structure except as permitted in the
C-1 Zone.
A use, such as a swimming pool, conducted on the same lot
as a principal use to which it is related and located either within
the same structure or in an accessory structure or as an accessory
use of land; a use which is clearly incidental to, and customarily
found in connection with a particular principal use.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, or its successor legislation.[1]
Includes contiguous lots that share a common lot line or
that are separated by a street or waterway.
See "Zoning Officer."
A use that involves the care and supervision of persons who
are primarily over age 17, who are physically and/or mentally handicapped
or elderly, and that clearly primarily involves care for periods of
less than 80 hours per person during the average seven-day period.
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOKSTOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises, pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, video tape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale.
An establishment in which less than 5% of the
occupied sales area offers for sale, for rent or lease, for loan,
or for view upon the premises, such items, as described above, shall
not be regulated as an adult regulated facility, provided that the
items are kept out of public view and not sold to persons under 18
years of age.
ADULT CABARETAn establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless whether or not the same includes sexual conduct, but shall exclude services provided by a medical practitioner, chiropractor, or physical or message therapist licensed by the Commonwealth of Pennsylvania. Excluded also are health clubs, schools, spas, athletic clubs or similar establishments where massage or similar manipulation of the human body is offered as an incidental or accessory service.
ADULT MOVIE THEATERAn enclosed or unenclosed building or structure, including but not limited to a pavilion, tent or other outdoor exhibition facility, a portion or all of which is used for presenting motion pictures, slides or video tape disks or similarly reproduced images distinguished or characterized by a significant emphasis on matter depicting human sexual activities for observation by persons therein. This shall include but not be limited to any theater that shows any one or multiple motion pictures that have received a rating of "X" or successor rating from the Motion Picture Association of America or its successor organization.
See "sign, advertising."
The use of land for the growing and/or production of field
crops, livestock and livestock products for the production of income
consistent with practices and procedures that are normally engaged
by farmers, including but not limited to the following:
Vineyards and field crops, including barley,
soybeans, corn, hay, oats, potatoes, rye, sorghum and sunflowers.
Livestock, including dairy and beef cattle,
goats, horses, sheep, hogs, poultry, game birds and other animals,
excluding dogs.
Livestock products, including milk, butter,
cheese, eggs, meat, fur and honey.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry.
An area of land which is designated, used or intended to
be used for the landing and takeoff of airplanes or ultra-light aircraft,
and any appurtenant areas which are designed to be used for airplane
support facilities, such as maintenance, refueling, storage and maintenance,
accommodations and amenities for passengers and facilities for administrative
services related to the permitted uses thereof.
A minor way, which may or may not be legally dedicated, and
is used primarily for vehicular service access to the rear and/or
side of properties otherwise abutting a street. An alley is not intended
for general traffic circulation.
Any change or rearrangement of supporting members of a building
or structure, such as bearing walls, columns, beams or girders, joists
or rafters, enclosing walls, or an enlargement, whether by extending
on a side or by increasing in height, or the moving from one location
or position to another.
A building routinely used for the treatment and the accessory
housing or boarding of animals. A "small-animal hospital" includes
treatment of small domestic animals, including but not limited to
dogs, cats, rabbits, birds or fowl. A "large-animal hospital" may
include treatment of all types of animals, including horses, cows
and pigs.
The raising and keeping of livestock, poultry or insects
for commercial purposes, or any keeping of animals for any reason
beyond what is allowed in a permitted stable or kennel or under the
keeping of pets. "Animal husbandry" shall not include a bulk commercial
slaughterhouse or a central commercial stockyard for animals awaiting
slaughter.
A single dwelling unit in a multiple dwelling structure,
not including conversion apartments.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his or her heirs,
successors and assigns.
The extent of surface contained within the boundaries or
extremities of land or building.
A use encompassing "art studio" that may also provide arts
and crafts supplies for sale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A use involving the creation, display, or sale of fine art
and crafts such as painting, sculpturing, photography, or other handmade
pieces of art. The space may include a teaching area. An art studio
does not include a place where tattooing and/or body piercing of any
kind occurs.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
An area or structure involving indoor or outdoor seating
for meetings, live performances or sports events, but not including
a movie theater, adult cabaret or tavern.
A building(s) and/or land where major repairs of motor vehicles
are conducted. This use may also include retail sales of gasoline
and auto parts and the storage of vehicles being currently serviced.
Major repairs include major mechanical and body work, straightening
of body parts, painting, welding, storage of automobiles not in operating
condition or other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations. For the purposes of this chapter, this shall also include
closely similar repairs of boats.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail,
which use may include making minor incidental repairs. This use shall
not include major mechanical work, bodywork, straightening of body
parts, painting, welding or other work involving noise, glare, fumes,
smoke or other noxious characteristics.
A building or area, other than a street, used for the display,
sale or rental of new or used motor vehicles, recreation vehicles,
boat trailers, farm equipment, motorcycles, trucks, utility trailers,
boats or transportable mobile/manufactured homes in operable condition.
Any major repair work shall be considered as a separate accessory
or principal use. This use shall not include a mobile/manufactured
home park or a junkyard. Outside storage and display of motor vehicles,
boats or manufactured homes shall be a permitted accessory use.
A building or structure utilized for the baking of breads,
pastries, cakes, or similar baked goods for retail sale on or off
premises.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Any area of a building having its floor below grade level
on all sides.
The use and occupancy of a single-family detached dwelling
for accommodating transient guests for rent within the other requirements
of this chapter.
Any structure or portion thereof upon which are signs or
advertisements used on an outdoor display. This definition does not
include any bulletin boards used to display official court or public
office notices or signs advertising the sale or lease of the premises
on which the sign is located.
A place where books or other documents are bound.
A tract of land bounded by streets; a public park; railroad
right-of-way, excluding siding and spurs; and/or corporate boundary
lines of the Borough.
Any body granted jurisdiction under a land use ordinance
or under Act 247 to render final adjudication. (See also "Zoning Hearing
Board.")
The Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania.
The governing body of the Borough of Shippensburg.
A strip of land separating a land use from another land use
or feature and which is free of any principal or accessory building,
parking, outdoor storage or any use other than open space or concrete
sidewalks. A buffer yard may be a part of the minimum setback distance
but may not include an existing or future street right-of-way.
Any enclosed or open structure, other than a boundary wall
or fence, occupying more than four square feet of area.
A subordinate building, the use of which is customarily incidental
to that of the principal building, which is used as an accessory use
and which is located on the same lot.
The area of ground covered by a building.
A building that has two or more party walls.
The percentage of the total area of the ground of a lot covered
by all buildings on the lot.
A building which has no party wall and which is surrounded
on all sides by areas open to the sky.
The vertical distances measured from the sidewalk level or
its equivalent established grade opposite the middle of the front
of the building to the highest point of the roof in the case of a
flat roof, to the deck line of a mansard roof, and to mean highest
level between eaves and ridge of a gable, hip or gambrel roof; provided
that, where buildings are set back from the street line, the height
of the building may be measured from the average elevation of the
finished lot grade at the front of the building.
The horizontal measurement between the two most distant portions,
other than portions measured diagonally, of any one building or of
the total of two or more attached buildings.
A line parallel to the front, side and/or rear lot line demarcating
the required yard.
A building in which is conducted the principal use of the
lot on which it is located.
A building which has only one party wall and which is not
attached to more than one building.
A line within a lot, designated on a plan as the minimum
required distance between any structure and the right-of-way line
as specified by any applicable Zoning Article.
The horizontal measurement between the furthest portions
of two structural walls of one building that are generally parallel,
measured in one general direction that is most closely parallel to
the required lot width. For a townhouse, this width shall be the width
of each individual dwelling unit.
The cubic volume of a building.
Concentrated animal feeding operation. (See "agricultural
operation.")
A parcel of land used for seasonal, recreational or other
similar temporary living purposes in cabins, tents, recreational vehicles,
or shelters, but not including a mobile home park.
An open space for the storage of one or more vehicles in
the same manner as a private garage. Any carport covered by a permanent
roof shall be considered a building. If the permanent roof is attached
to the principal building, it shall be considered to be part of that
building.
The paved area of a street used for motor vehicle traffic
and permitted on-street parking, but not including shoulders, curbs,
sidewalks or swales.
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles, but not
including an incidental one-bay handwashing facility in a gasoline
service station where washing facilities are purely incidental to
the operation of said service station. A car wash may include a use
that involves attendants or that is automated.
Land used or intended to be used for the burials of deceased
humans, including a crematorium or mausoleum when operated in conjunction
with a cemetery and within its boundaries.
A statement signed by a duly authorized Borough officer setting
forth that a building, structure or use, to the best knowledge of
such official, legally complies with the Zoning Ordinance and other
applicable codes and regulations and that the same may be used for
the purposes stated therein.
A use involving the manufacture or processing of chemicals
by converting a raw material into a chemical product.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
See "day-care center."
See "place of worship."
A function involving the restoration of materials, structures,
goods or products to a more pure, less contaminated, less adulterated
or less blemished condition.
A function involving the production, sewing, and packaging
of clothing.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
See "Act 247."
Any device that is designed and/or adaptable for mounting
on preexisting structures, for example, nonresidential buildings or
water towers, and used for the transmission, retransmission or reception
of electronic signals or information for commercial use.
Any pole, tower, tripod, telescoping mast, or any other structure,
not to include a building or water tower, which supports a device
used for the transmission, retransmission or reception of electronic
signals or information for commercial use.
Includes the C-1 District.
A use that is engaged in for the purpose of generating a
profit, which use involves, but is not limited to, the sale of any
good, product, or service by retail or wholesale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A motor vehicle that meets both Subsections A and B below:
The Planning and Zoning Commission of the Borough of Shippensburg.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A noncommercial use that exists solely to provide recreational
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income and/or elderly persons.
An establishment, sometimes referred to as a community living
arrangement or a group home, licensed by the Commonwealth of Pennsylvania,
that provides a home for not more than eight handicapped individuals,
excluding staff who do not reside on the property, who live and cook
together as a single housekeeping unit. This definition shall not
include a facility housing persons released from or under the jurisdiction
of a government bureau of corrections or similar institution. "Handicapped,"
with respect to a person, means a person with a temporary or permanent
physical, emotional, or mental disability, including but not limited
to mental retardation, cerebral palsy, epilepsy, autism, hearing and
sight impairments, emotional disturbances and orthopedic impairments;
a record of having such an impairment; or being regarded as having
such impairment, but such term does not include current, illegal use
of or addiction to a controlled substance [as defined in Section 102
of the Controlled Substance Act (21 U.S.C. § 802)].
A utility operated by a municipality or other legal entity
that supplies potable, domestic water for use by more than one household,
business or institution.
The official public document prepared in accordance with
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
reenacted and amended by Act 170 of 1988, and as subsequently amended,
consisting of maps, charts and textual material, that constitutes
a policy guide to decisions about the physical and social development
of the Borough.
A use permitted in a particular zoning district only upon
approval by the governing body pursuant to the express standards and
criteria set forth in this chapter and such conditions as may be attached
to such approval authorized herein and under the Municipalities Planning
Code.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of 1963 or the Pennsylvania Uniform Condominium
Act.[2] To ensure adequate provision for maintenance of roads
and shared facilities, development of condominiums or conversion of
an existing development into condominiums shall always be treated
as a subdivision and land development.
Any retail establishment offering for sale prepackaged food
products, household items, energy products and other goods commonly
associated with the same. Convenience stores may include the dispensing
of gasoline or other vehicular fuel products.
See "neighborhood convenience store."
A multiple-unit land development in which there is a system
of separate ownership of individual units of occupancy and undivided
interest of land and common facilities.
See "lot, corner."
The County of Cumberland or the County of Franklin, Pennsylvania.
Small public service shops, including plumbing, heating,
carpentry, machine shop, tinner's shop, cabinet making, furniture
repair, upholstery, painting, sign painting or other similar small
shop; not including welding.
A building and/or land open to the public that contains exhibits
of clearly artistic or cultural interest, such as a museum, art gallery
or indoor nature study area.
A use involving the supervised care of children outside of
their home under age 16 and elderly persons. This use may also include
educational programs that are supplementary to state-required education.
The deliberate appropriation of land by its owner for general
public use.
A written instrument whereby an estate in real property is
conveyed.
A restriction upon the use of property placed in a deed.
The lot area divided by the number of dwelling units on the
lot, unless otherwise stated.
The Pennsylvania Department of Environmental Protection,
or its successor and its relevant parts.
A reservoir that temporarily contains stormwater runoff and
gradually releases it into a watercourse or stormwater facility.
A process whereby materials, goods and products are received,
sorted, stored and retransported to other locations. Such use shall
not include warehouses as defined in this chapter.
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
The land required for the installation of storm sewer or
drainage facilities, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein,
or to safeguard the public against flood damage.
A privately owned, constructed and maintained vehicular access
from a street or access drive to one dwelling unit, commercial unit
or industrial use. (See also "access drive.")
A business that cleans garments, draperies, etc., with chemical
solvents, which cleaning process involves the use of little or no
water. This use is separate and distinct from that of a laundromat.
Where a dry cleaner and a laundromat are proposed to occupy the same
structure, the more restrictive requirements of this Zoning Ordinance
shall apply.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Any lot of land, or part thereof, used for the disposal,
by abandonment, dumping, burial, burning or other means, and for whatever
purpose, of garbage, sewage, trash, refuse, junk, discarded machinery
vehicles, or parts thereof, or waste material of any kind that does
not operate under a sanitary landfill permit issued by DEP and that
does not meet the definition and requirements of a junkyard.
A container generally two or more cubic yards in capacity,
for the disposing of refuse, whether residential, commercial or industrial.
A house, apartment building or other building, including
a mobile home, designed or used primarily for human habitation. The
word "dwelling" shall not include boardinghouses or rooming houses,
hotels, motels, tents, trailers or any structure designed or used
for transient residence. (See also "building.")
DWELLING, ATTACHEDA portion of a building containing one dwelling unit, and having two party walls in common with other dwelling units (such as row houses or townhouses). Each dwelling unit is located on a separate lot.
DWELLING, DETACHEDA building used by one family, having only one dwelling unit and having two side yards.
DWELLING, MULTIPLE-FAMILYA building or portion thereof designed for occupancy by two or more families living independently of each other.
DWELLING, ROWA row of three to six attached one-family dwellings, not more than 2 1/2 stories in height.
DWELLING, SEMIDETACHEDA portion of a building containing one dwelling unit, having one side yard and having one party wall in common with another dwelling unit. Each dwelling unit is located on a separate lot.
DWELLING, SINGLE-FAMILYA building designed exclusively for occupancy by one family.
DWELLING UNITOne or more rooms in a dwelling or apartment hotel designed primarily for occupancy by one family for living or sleeping purposes.
 |
A right-of-way granted for limited use of property by the
landowner for a public or quasi-public purpose and within which the
owner of the property shall not have the right to make use of the
land in a manner that violates the right of the grantee.
A building for which the primary use is the housing of fire,
emergency medical or other emergency service equipment. This use may
include housing for emergency personnel who are on call as an accessory
use to the primary use.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
The highest number of compensated workers, including both
part-time and full-time, present on a lot at any one time during the
average week.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Borough.
The horizontal alignment of a surface, as it exists or as
it is made by cut and/or fill.
FLOOR ELEVATIONThe elevation of the lowest level of a particular building, including the basement.
ROAD GRADEThe rate of rise and fall of a road's surface, measured along the profile of the center line of the cartway. (See also "road grade.")
An individual or couple and the children thereof
with not more than two other persons related directly to the individual
or couple by blood or marriage; or
A group of unrelated persons, excluding domestic
workers, living together as a single housekeeping unit in a dwelling
unit shall not include more than three unrelated persons.
A structure that is principally used for agricultural activities,
such as the production of cash crops or livestock or poultry farming.
Such structures may include a farm dwelling and accessory uses, buildings
and structures.
A human-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot, or portion thereof, that is constructed
of wood, wire mesh, chain-link metal or chain-link aluminum and/or
plastic inserts. Human-made barriers constructed principally of other
materials, including, but not limited to brick, concrete or cinder
block, shall be considered a "wall." The term "wall" does not include
engineering retaining walls, which are permitted uses as needed in
all districts. The terms "fence" and "wall" do not include barriers
of landscaped materials, including hedges.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public, including banks, savings and loan, finance companies and
credit unions.
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight room, exercise equipment, cardiovascular
exercise classrooms, nonhousehold pool, and racquetball courts, and
instruction for these activities.
A temporary inundation by water of normally dry land areas.
The portion of the floodplain outside the floodway, as defined
by the Federal Emergency Management Agency.
A relatively flat or low land area adjoining a river stream
or watercourse which is subject to partial or complete inundation;
or an area subject to the unusual and rapid accumulation or runoff
of surface waters from any source.
The area designated by the Zoning Ordinance of the Borough
of Shippensburg as being inundated by a one-hundred-year flood, including
the Floodway (FW), the Flood Fringe (FF) and Floodplain (FP).
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The sum of the gross habitable area of the several floors
of a building or buildings measured from the interior face of exterior
walls or from center lines of walls separating two buildings with
each room to have at least 1/2 of the floor area with a ceiling height
of not less than seven feet. In particular, "floor area" includes
but is not limited to the following:
Basement space, if it meets the requirements
of a building story.
Elevator shafts, stairwells and attic space,
whether or not a floor has been laid, providing structural headroom
of eight feet or more.
Roofed terraces, exterior balconies, breezeways
or porches, provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes,
no matter where located within the building.
Accessory buildings, excluding space used for
accessory off-street parking or used for loading berths.
Any other floor space not specifically excluded,
excluding space used for air-conditioning machinery or cooling towers
and similar mechanical equipment serving the building.
The maximum amount of floor area based upon the number of
floors divided by the net site area.
A use involving the sale of flowers and ornamental plants.
This use may also include the sale of cards and gifts; however, the
sale of flowers must be the primary use. This use does not include
propagation of plants for resale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
The act of making food ready or preparing food for processing,
wholesale purposes only.
Involves the steps necessary to provide food goods to the
general public on a wholesale scale only.
Shall refer to a unit of illumination equal to that given
by a source of one candela at a distance of one foot, equivalent to
one lumen per square foot or 10.76 lux.
[Added 2-4-2020 by Ord. No. 944, approved 2-4-2020]
The management of forests and timberlands, when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any type of land development.
A furnace or hearth where metals are heated or wrought for
the production of items for sale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
See "group housing."
All property on one side of a street between two intersecting
streets or natural barriers.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a residence, except as may be
allowed as a home occupation.
Any sale conducted in any residential district, including
R-1, R-2, R-3 and R-4, where tangible personal property is offered
for sale in or out of any building or structure; also commonly referred
to as "yard sales."
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
The putting together of manufactured parts to make a completed
product.
A sensation of brightness within the visual field that causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
A use involving the residence of persons who need support
services and who reside in a family-like residential environment.
This shall only include a use licensed or certified under an appropriate
state program. The residents are intended to be persons who might
otherwise be confronted with institutionalization. Group homes shall
be limited to persons needing special care and oversight because of
physical illness or infirmity, age, physical disability, mental illness
that is not criminal in nature, mental retardation, mental handicap
or emotional disability that is not criminal in nature.
A residential use in which individual room(s) that do not
meet the definition of a dwelling unit are rented for habitation routinely
for periods of 30 days or longer and that does not meet the definition
of a hotel, motel, life-care center, personal-care center, bed-and-breakfast
use, group home or nursing home.
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or dispensed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited to through the Pennsylvania Solid Waste Management Act.[3]
The vertical distance measured from the average elevation
of the average proposed surrounding ground level to the highest point
of a structure.
One combined ingress/egress point, or one clearly defined
ingress point separated from another clearly defined egress point
onto or from a public street.
Any building, site, structure, object, district or area that:
Is listed on the National Register of Historic
Places;
Has received a determination of eligibility
for the National Register from the National Park Service;
Which is located within the historic district
of the Borough of Shippensburg, as designated by the Pennsylvania
Historic and Museum Commission; or
Which is listed on any officially adopted municipal
register or inventory of historic features.
Any use customarily conducted entirely within the dwelling
and carried on by the inhabitants thereof, which use is clearly incidental
and secondary to the use of the dwelling for dwelling purposes and
does not change the character thereof; and provided that no article
is sold or offered for sale except such as may be produced on the
premises by members of the immediate family. Clinics, doctors' offices,
hospitals, barbershops, beauty parlors, dress shops, millinery shops,
real estate offices, tearooms, group housing, animal hospitals and
kennels, among others, shall not be deemed to be "home occupations."
A use encompassing plant nursery and, in addition, may include
the cultivation of fruit and vegetables for sale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A use that involves the diagnosis, treatment or other medical
care of humans that includes care requiring stays overnight and that
may also include outpatient care. A medical care use that does not
involve stays overnight shall be considered a "medical office or clinic."
A hospital may involve care and rehabilitation for medical, dental
or mental health but shall not primarily include housing of the criminally
insane nor primarily involve housing or treatment of persons actively
charged with or serving a sentence after being convicted of a felony.
A hospital may also involve medical research and training for health-care
professions.
See "motel."
An antenna used for receiving electronic signals or for the
routine reception of television, shortwave amateur or citizen's band
radio signals, and that does not meet the definition of a commercial
communications tower or satellite antenna and that has a maximum height
of 65 feet.
Any area covered by a structure, paving or other human-made
cover which has a coefficient of runoff of 0.65 or greater, as determined
by the Borough Engineer. Area required to be left in pervious surfaces
may be located in a different zoning district than the use, provided
that such land area is abutting or adjacent and that is deed restricted
from further development. The maximum impervious coverage shall be
the total area of impervious surfaces divided by the total lot area.
[Amended 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Physical changes to the land, including but not limited to grading,
paving, curbs, gutters, storm sewers and drains, improvements to existing
watercourses, sidewalks, street signs, monuments, water supply facilities,
sewage collection facilities and streetlights.
Any construction or renovation activity, interior or exterior,
at an existing structure or the construction, addition or placement
of a new structure.
Establishments that provide technological information or
services, including but not limited to Internet service providers,
cellular phone sales, computer sales and Internet cafes.
Any of the state-owned universities that are part of the
Pennsylvania State System of Higher Education, including any state-related
universities. The term also applies to any accredited community colleges
and accredited independent or private colleges or universities. The
term includes direct classroom instruction as well as other indirect
forms of educational instruction outside of a classroom setting which
are part of, or related to, an educational course or program.
[Added 2-15-2022 by Ord. No. 958, approved 2-15-2022]
The pattern of traffic within a parking lot or similar paved
area.
[Amended 2-2-2010 by Ord. No. 853, approved 2-2-2010]
To determine whether a vehicle is a junk vehicle, the following
conditions shall be considered individually and/or collectively. It
shall be considered whether the vehicle has:
Proper license.
Current registration.
Current inspection.
Broken windshields, mirrors or other glass with sharp edges.
One or more flat or open tires or tubes that could permit infestation.
Missing doors, windows, hoods, trunks, or other body parts which
could facilitate the harboring of animals and/or other infestation.
Any body parts with sharp edges, including holes resulting from
rust.
Missing tires resulting in unsafe suspension of the motor vehicle.
Upholstery that is torn or open which could permit the harboring
of animals and/or other infestation.
Broken headlamps or tail lamps with sharp edges.
Disassembled chassis parts apart from the motor vehicle stored
in an unsafe fashion or loose, in or on the vehicle.
Protruding sharp objects from the chassis.
Broken vehicle frames suspended from the ground in an unstable
manner.
Leaking or damaged oil pan or gas tank that could cause fire
or explosion.
Exposed battery containing acid.
Inoperable locking mechanism for doors or trunk or hood.
Open or damaged floorboards, including trunk and firewall.
Damaged bumpers pulled away from the perimeter of vehicle.
Broken grill with protruding edges.
Loose or damaged metal trim and clips; broken communications
equipment and antenna.
Suspended on unstable supports.
Such other defects that may threaten the health, safety and
welfare of the citizens of the Borough.
Any motor vehicle that has been demolished beyond reasonable
repair shall be considered a junk vehicle.
An area of land with or without buildings, including land
inside a building not completely enclosed, used for the storage of
used and discarded materials, including but not limited to wastepaper,
rags, metal, building materials, house furnishings, machinery, vehicles
or parts thereof, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
on a lot of two or more unlicensed or wrecked vehicles, or the major
part thereof, shall be deemed to constitute a "junkyard," except as
is permitted as an auto sales use, auto repair garage or auto service
station.
An establishment in which more than four dogs, or six cats
or other domesticated animals, older than six months are housed, groomed,
bed, boarded, trained or sold.
A facility used for testing, sampling or research for any
medical purpose involving and/or in any manner related to the treatment
or care of humans, or a facility used for experimentation in pure
or applied research design, development and production of prototype
machines or devices or of a new product.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
A development in accordance with Section 503(1.1)
of the Pennsylvania Municipalities Planning Code.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises, including a mortgage holder in possession of a rental
unit. (See also "owner agent.")
The legal, beneficial or equitable owner or owners of land,
including the holder of an option or contract to purchase (whether
or not such option or contract is subject to any condition); a lessee
if he or she is authorized under the lease to exercise the rights
of the landowner or other person having a proprietary interest in
land.
A business premises where customers pay to utilize clothes
washing and drying machines.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A form of residential use designated and operated exclusively
for adults 55 years of age or older and/or disabled persons, that
includes a nursing home and certain limited support facilities intended
specifically to serve the needs of these residents.
A facility that primarily cuts, files, grinds and otherwise
shapes metals of all kinds into any desired shape or form using an
engine lathe, milling machine, grinder, or any other metal cutting
tool with no outside storage, serviced by a modest volume of trucks
or vans and imposing a negligible impact on the surrounding environment
by noise, vibration, smoke, dust or pollutants
A building with not more than five guest rooms where lodging
is provided for compensation pursuant to previous arrangement but
not open to the public or transients.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The area contained within the property lines of the individual
parcel of land, excluding space within the street right-of-way. The
"lot area" includes the area of any utility easement or stormwater
management facility but does not include the flagpole of a flag lot,
unless otherwise specified in this chapter.
A lot bounded on two or more sides by streets whenever the
lines of such streets, or such lines as extended, form an interior
angle of one 135° or less. Corner lots or multiple-frontage lots
for the purposes of this chapter will be considered as having two
front and two side yards.
A percentage which when multiplied by the lot area will determine
the permitted area that can be covered with an impervious surface,
which includes but is not limited to buildings, driveways, parking
areas and sidewalks.
The average horizontal distance between the front and rear
lot lines measured in the mean direction on the side lot lines.
That boundary of a lot along the public street and, for a
corner lot, the shorter lot boundary along a street.
A lot other than a corner lot.
A metal plate or pin or railroad spike or concrete monument
used to identify the lot line intersections or corners.
The average distance between the side lot lines of a lot,
measured parallel to the right-of-way.
The Borough Manager of the Borough of Shippensburg.
A function involving the processing, assembly, finishing,
polishing, repair, testing, packaging or production of materials,
goods or products.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when connected to the required utilities. A
manufactured home shall not be considered to be any other type of
dwelling use or structure under this chapter. For floodplain management
purposes, this term also includes trailers and other similar vehicles
placed on a site for greater than 180 consecutive days.
The performance of manipulative exercise on a human body
by another person that involves the hands and/or mechanical device.
Massage that is a customary and accessory use to a medical
office, physical rehabilitation clinic or a permitted noncommercial
use such as public or private school, college or university athletics.
The term also includes massage by a massage therapist as an accessory
use to a permitted fitness and health center or similar facility.
Accessory massage is permitted solely when accessory to an accompanying
permitted principal use.
A commercial establishment in which the principal use consists
of massage and/or bodywork conducted by persons other than massage
therapists and which use does not constitute accessory massage.
A person holding a valid massage license issued by the Commonwealth
of Pennsylvania or, absent such licensing procedure, satisfying either
of the following criteria:
Has graduated from a school licensed by the
Commonwealth of Pennsylvania, or by another state of the United States,
which requires at least 500 hours of education in massage and/or bodywork
techniques, anatomy and physiology, and who is a member of a nationally
recognized professional organization for massage and/or bodywork therapists
that adheres to a code of ethics; or
Holds current and valid certification from the
National Certification Board of Therapeutic Massage and Bodywork (NCBTMB).
A commercial establishment in which the principal use consists
of massage and/or bodywork conducted solely by massage therapists.
Articles which are components of a future product.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them jointly exploring
and settling their differences, culminating in a written agreement,
which the parties themselves create and consider acceptable.
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no overnight
patients shall be kept on the premises. This use may involve the testing
of tissue, blood or other human materials for medical or dental purposes.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to members and their occasional guests, but not including
members of the general public. This use shall not include a target
range for outdoor shooting, group housing, a tavern, restaurant open
to the general public or an auditorium, unless that particular use
is permitted in that district and the applicable requirements of that
use are met.
To make, build, construct or manufacture any part by welding,
grinding, heavy punching or pressing machines, drop forges, riveting
machines and the like.
Three or more dwelling units within a building that is higher
than 35 feet or 3 1/2 stories, whichever is less.
Includes all activity that removes from the surface or beneath
the surface of the land some bulk mineral resources by means of mechanical
excavation. "Mineral extraction" includes, but is not limited to,
the excavation necessary to the extraction of sand, gravel, topsoil,
limestone, sandstone, coal, clay, shale and iron ore. The routine
movement of and replacement of topsoil during construction shall not
by itself be considered to be mineral extraction.
See "manufactured home."
A type of dwelling that meets a definition of single-family
detached dwelling, single-family semidetached dwelling, townhouse
or multiple-family dwelling that is in substantial part but not wholly
produced in sections off the site and then is assembled and completed
on the site. This shall not include any dwelling that meets the definition
of mobile/manufactured home, nor shall it include any dwelling that
does not rest on a permanent foundation, nor any dwelling intended
to be able to be moved to a different site once assembled, nor any
dwelling that would not fully comply with any and all applicable building
codes. A modular home also shall not include a home that includes
only one substantial piece prior to delivery on the site.
Any building containing six or more guest rooms intended
or designed to be used, or which are used, rented or hired out to
be occupied, or which are occupied for sleeping purposes by guests.
An off-street, surfaced area designed for the parking of
motor vehicles, including driveways, passageways and maneuvering space.
This use includes single and/or multilevel parking structures and
includes either covered garage space or uncovered parking lot space.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
See "engineer."
The Shippensburg Borough Council.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, or its successor legislation. (See also "Act 247.")[4]
The Borough of Shippensburg.
A use owned by the Borough of Shippensburg for a governmental
purpose. This shall also include an emergency services station, if
such station location is approved by Borough Council.
A place where music, drama or dance is taught and/or rehearsed,
but not performed for profit.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A parcel or parcels of land, an area of water, or a combination
of land and water intended for the use of the general public, not
including streets, pavement, areas with no public accessibility, setbacks,
and areas at other than ground level. A natural park may include floodplains
and drainage basins. A natural park shall be substantially free of
structures but may contain such improvements as are appropriate for
passive recreational or educational use by the general public.
A store which offers the retail sale of household goods,
supplies and prepackaged or canned foods to the general public residing
in the surrounding neighborhood, provided that the total area devoted
to such use shall not exceed 2,500 square feet of gross retail space.
The sale of gasoline or other petroleum fuel products is prohibited.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 10-18-2011 by Ord. No. 872, approved 10-18-2011]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot, the area or dimensions of which was lawful prior to
the adoption or amendment of the ordinance but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A use, whether of land or of building or structure, which
does not comply with the applicable use provisions in this chapter
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment,
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals, nursing care for hire and which is
approved for nonprofit/profit corporations licensed by the Pennsylvania
Department of Public Welfare for such use.
A use that involves administrative, clerical, financial,
governmental or professional operations or operations of a similar
character. This use shall not include retail or industrial uses, but
may include business, governmental, professional, medical or dental
offices and medical or dental clinics or medical or dental laboratories,
photographic studios and/or television or radio broadcasting studios.
A building used primarily for office purposes.
An ordinance adopted and amended from time to time pursuant
to the Pennsylvania Municipalities Planning Code by the Council of
the Borough of Shippensburg, containing a drawing or drawings that
show the precise location of future road rights-of-way or lands to
be publicly acquired either through purchase or dedication, and which
is used to facilitate the proper placement of structures in relation
to future property lines.
Any map that may be officially adopted by the Borough Council
classifying streets in the Borough by their function. (See also "street
classification.")
A flood that, on the average, is likely to occur one time
in a one-hundred-year period.
A parcel or parcels of land, or an area of water or a combination
of land and water within a tract which is not occupied by streets,
buildings or off-street parking and that is designed, intended and
suitable for active or passive recreation by residents of a development
or the general public.
The Shippensburg Borough Zoning Ordinance, including the
Official Zoning Map and any amendments enacted by Borough Council.
A dining area, associated with a restaurant or fast-food
restaurant that is located outside of the building or structure that
prepares the meal. This can include canopies, picnic areas, sidewalk
areas and fenced in rear yards.
An individual or firm designated by the owner of real property,
in writing, to the Borough, who shall reside on the premises or within
a ten-mile radius of the Borough of Shippensburg and who shall be
legally responsible for the operation of the rental property in compliance
with all of the provisions of the codes and ordinances of the Borough
of Shippensburg and the Commonwealth of Pennsylvania and who shall
be responsible for providing legal access to the property for the
purposes of making inspections of said premises to ensure compliance
with said ordinance(s) and laws.
See "lot."
Any recreational area owned or operated by any agency of
the federal, state or municipal government.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
An off-street space available for the parking of one motor
vehicle and having direct usable access to a street or lane.
That portion of a lot that is covered with a hard surface
material, including asphalt or gravel, but not including required
public concrete sidewalks, curbs or cartways and shoulders of public
streets.
A right-of-way, publicly or privately owned, intended for
human movement by walking.
Pennsylvania Department of Transportation, or its successor,
and its subparts.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended, or its successor legislation. (See also "Act 247.")[5]
An individual, corporation, partnership, trust, or any other
group or entity acting as a unit.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A residential use providing residential and support services
primarily to persons over age 60 and/or the disabled and that is licensed
as a personal-care center by the Commonwealth of Pennsylvania.
An establishment that provides a service oriented to personal
needs of the general public, which does not involve primarily retail
sales of goods or does not involve professional advisory services.
Personal services include barbershops and beauty shops, shoe repair
shops, household appliance repair shops and other similar establishments,
but shall not include a massage parlor.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, education, burial, recreational
or other uses not normally associated with worship.
A drawing, together with supplementary data, that describes
property.
An area of land controlled by a single landowner and developed
as a single entity for a number of industrial, commercial, retail
and distribution firms, and planned and approved within the requirements
of the M-1 and M-2 Districts.
The raising of trees (for transplanting), ornamentals, shrubs,
flowers or houseplants for commercial sale. Retail sales of only plants
and trees raised on the premises shall only be allowed on the premises,
unless retail sales are permitted in the district. This use may include
greenhouses, but shall not include commercial forestry. This use may
include outside storage and display.
A use involving the conversion of plastic materials in the
form of pellets, granules, powders, sheets, or fluids into formed
shapes or parts.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Foodstuffs and/or drinks that have been cooked, changed,
cleaned or otherwise altered for public consumption.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
A facility for the custom reproduction of written or graphic
materials on a custom-order basis for individuals or businesses.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a residence, except as may be
allowed as a home occupation.
A natural park that is privately owned and maintained. (See
"natural park.")
A function involved in the manufacture of materials, goods
or products in which they are not physically changed, except for packaging
or sizing.
Any article whose appearance or composition has been changed
or altered, but not in a completed form for ultimate disposition.
A function involved in the manufacture of materials, goods
or products in which they are physically changed.
The practice of a medical or osteopathic doctor, attorney,
dentist, public accountant, architect, chiropractor, professional
engineer, or any other occupation regulated by the Pennsylvania Board
of Professional Licensure.
A use that only involves the practice of a profession from
a nonresidential structure.
A use that involves the practice of a profession from a residential
structure or a structure that has exterior characteristics similar
to the surrounding residential properties and/or the district. A professional
office in the R-3 or R-4 Zone may only operate during daylight hours.
A building, not a private garage, used primarily for the
storage and/or repair of motor vehicles of any type or ownership.
Includes:
A formal meeting held pursuant to public notice in accordance
with the Pennsylvania Municipalities Planning Code as amended.
A forum held pursuant to notice under the Sunshine Act, Act
of July 3, 1986,[6] and in accordance with the Pennsylvania Municipalities
Planning Code as amended.
Leisuretime activities, including but not limited to sports
and entertainment that are open to anyone without restrictions, except
for rules and standards of conduct and use, and that are not primarily
operated for commercial purposes and not for the purpose of serving
one or more individual households.
A vehicle, regardless of size, which is designated as a temporary
dwelling or for recreation and not primarily for transportation. A
recreational vehicle may be designed to be self-propelled, towed or
carried by another vehicle. A recreational vehicle includes travel
trailers, motor homes, all-terrain vehicles, snowmobiles and watercraft
with hulls longer than eight feet.
A use for collection of common household materials for recycling
but that does not involve processing or recycling other than sorting
and weighing of materials.
Any method, process or substance whose supply is rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including but not limited to biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy, and excluding those sources of energy used in the fission
and fusion processes.
A building consisting of individual, small, self-contained
units that are leased or owned for the storage of business and household
goods or contractors' supplies. A building or group of buildings in
a controlled-access and fenced compound that contains varying sizes
of individual, compartmentalized, and controlled-access stalls or
lockers for the storage of customers' goods or wares.
A function involved in the correcting of deficiencies affecting
the performance ability of products or goods.
An establishment that serves ready-to-consume
food or drink for compensation and that does not meet the definition
of a standard restaurant. A fast-food restaurant may include the accessory
sale of alcoholic beverages; however, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
must be met.
If a primary or substantial portion of the total
trade of a restaurant is from admission charges for entertainment
and the use has a capacity of more than 300 persons for such entertainment,
the requirements for an auditorium shall also be met.
An establishment that serves ready-to-consume
food or drink for compensation in which the majority of the customers
order their food while seated inside a building from which food is
delivered to their table; or that the majority of the food is purchased
in a cafeteria style and consumed within the building.
A standard restaurant may include the accessory
sale of alcoholic beverages; however, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
must be met.
A use in which merchandise is sold to the general public,
but not including the following: retail sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, auto repair
garage, auto service station, convenience store, car wash, tavern
or restaurant.
A residential development limited exclusively to persons
aged 55 years and older and their spouses in which additional nonresidential
services may be included as an incidental use. Such incidental uses
may include retail, dining, medical services, and entertainment.
A lot with front and rear street frontage, where vehicular
access is prohibited to and from the higher intensity street.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing right-of-way line.
The line separating a lot from the legal street right-of-way
owned by the Borough or the Commonwealth of Pennsylvania. This "existing
right-of-way" shall be the right-of-way line that is proposed to legally
exist after a subdivision, land development or development of a use.
Land reserved for future or present use as a street but that
may also be used for other public purpose. The terms "ultimate right-of-way,"
"right-of-way reserved for future dedication" and "future right-of-way"
shall have the same meaning.
The rate of rise and fall of a road's surface, measured along
the profile of the center line of the cartway. (See also "elevation.")
The surface water discharge of a given watershed after a
rain or snow that does not enter the soil but runs off the surface
of the land.
A procedure by which services and/or real personal property
are transferred in ownership in exchange for something of value.
A type of solid waste disposal area involving the depositing
of common household, institutional and business solid waste on land,
compacting the waste, covering the waste with soil and then compacting
the soil and which has a permit to operate as a sanitary landfill
from the state.
A ground-based reflector, usually parabolic, together with
any pedestal and any other attachments and related structures or parts,
intended for use to receive electronic signals from a satellite. (See
also "household antenna.")
A use in which supervised education or instruction is offered
privately, which use may or may not be "for-profit."
A use in which supervised education or instruction is offered
to the public by a school licensed by the Pennsylvania Department
of Education and operated by an entity organized under the Pennsylvania
Public School Code.
Evergreen and/or deciduous trees and bushes of sufficient
height and density to effectually but not necessarily totally conceal
from the view of property owners in adjoining zones, or on adjoining
lots, the structures and uses on the premises on which the screen
planting is located.
The process by which soil or other surface material is accumulated
or deposited by wind, water or gravity.
A building or group of buildings divided into individual
separate access units that are rented or leased for the storage of
personal and small business property.
An act by which skills of one person are used for the benefit
of another, provided that no function involves manufacture, cleaning,
repair, storage or distribution of products or goods, except for the
cleaning and repairing of clothing and personal accessories.
See "street" and "alley."
See "building setback line."
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal law.
A group of stores planned and designed to function as a unified
commercial center that provides goods and services, with on-site parking
facilities grouped to service a number of stores, and having completely
coordinated circulation.
The length of road visible to the driver of a vehicle at
any given point in the road when viewing is unobstructed by traffic.
Any letter, word, model, banner, flag, device or representation
used as, or which is in the nature of, an announcement, direction
or advertisement concerning the activity or use conducted on a premises.
A sign which offers services or goods produced or available
somewhere other than on the lot which the sign is located, including
billboards.
A sign directing attention to a business or profession conducted
on the same lot or, as incidental to a business, to products sold
upon the same lot.
Any card, cloth, paper, metal, painted, glass, wooden, plaster,
stone or other sign of any kind or character whatsoever, which announces
services or goods attached to the ground or on any tree, wall, bush,
rock, post, fence, building, structure or object whatsoever.
A sign which is anchored to the ground or attached to a building
or structure with weights, cables, pins, braces or stakes and which
can easily be moved. Temporary signs are displayed for a limited period
of time.
Review of a site plan by the Planning Commission and/or the
Borough Council.
A use involving the killing of animals for commercial purposes.
A commercial stockyard or similar facility that primarily involves
the bulk storage or transferring of animals on the way to slaughter
shall also be considered a "slaughterhouse." This shall not include
a custom butcher shop, which is a retail sales use.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household or commercial activities,
but not including substances that are legally accepted and disposed
of into the air or water through a federal pollution discharge permit,
nor paper, cardboard, aluminum, scrap metal or glass that is clearly
intended to be recycled.
For the purpose of this chapter, the following
wholly natural and biodegradable materials shall not be considered
to be solid waste unless the materials are disposed of in such a way
that a hazard is created to the public health and safety: portions
of trees or shrubs, leaves, mulch, grass clippings, rocks, brick,
cinder block and concrete. These materials shall be defined as "clean
fill." Brick, cinder block and concrete may, however, meet the definition
of "junk" if not properly disposed of or stored.
For the purposes of this chapter, customary
residual wastes from an approved mineral extraction use shall not
be considered to be "solid waste."
Land or structures where solid waste is processed, incinerated
or disposed of.
This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer station, solid waste sorting and/or recycling
center or solid-waste-to-energy incinerator.
The following uses, for the purposes of this
chapter, shall not be considered to be a solid waste disposal facility:
junkyard, recycling collection center, leaf composting, clean fill
or septage or sludge application.
See "group housing."
The granting of the right to use land as authorized by the
Zoning Hearing Board under the terms, procedures and conditions prescribed
herein.
The staff of the Borough of Shippensburg.
A function involving the deposition of materials, goods or
products for safekeeping.
A building, not a private or public garage, used solely for
the storage of motor vehicles but not for sale, service or repair
of motor vehicles.
Those controls and measures (e.g., storm sewers, berms, terraces,
bridges, dams, basins, infiltration systems, swales, watercourses
and floodplains) used to implement a stormwater management program.
That portion of a building between the surface of any floor
and the ceiling above it that has a vertical height of six feet or
greater. (See definition of "basement.")
A right-of-way or portion thereof intended for general public
use to provide means of approach for vehicles and pedestrians. The
word "street" includes the words "road," "highway," "thoroughfare"
and "way," but not "alley" or "driveway."
Certain standards in this chapter vary with the type of street
abutting the properties. All existing streets within the Borough have
been classified in accordance with the following definitions. [Note:
For further detail, see the Classification of Highways and Streets
(Table 2-1) in the Shippensburg Borough Comprehensive Plan.]
PRINCIPAL ARTERIALA street whose function is to provide for the movement of high volumes of through traffic and direct access to abutting properties, subject to necessary control of entrances, exits and curb use.
MINOR ARTERIALA street whose function is to provide for the movement of medium volumes of through traffic and direct access to abutting properties, subject to necessary control of entrances, exits and curb use.
COLLECTORA street that provides for the movement of moderate volumes of traffic between arterials and local streets and direct access to abutting property.
LOCALA street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.
An established line marking the extent of the future street
right-of-way, regardless of whether or not such right-of-way is dedicated.
If a future street right-of-way is not established, the street line
shall be the existing street right-of-way.
A strip of land, including the entire right-of-way, privately
owned, serving primarily as a means of vehicular and pedestrian travel
and furnishing access to abutting properties, which may also be used
to provide space for sewers, public utilities, shade trees and sidewalks.
Any change in or addition to the supporting members of a
building or structure, such as bearing wall partitions, columns, beams
or girders.
Any human-made object having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.
See "accessory structure."
A plan showing all present and proposed grades and facilities
for stormwater drains.
An individual registered with the Commonwealth of Pennsylvania
as authorized to measure the boundaries of tracts of land, establish
locations and perform the requirements of a survey.
A wide shallow ditch that gathers and carries surface water.
Any pool, which is constructed, used or maintained to provide
recreational facilities for swimming, bathing or wading and which
is capable of containing water to a depth greater than 18 inches and
all buildings, equipment and appurtenances thereto.
SWIMMING POOL, PUBLICA swimming pool that is open to the general public and that is not principally operated for commercial purposes.
SWIMMING POOL, SEMIPRIVATEA swimming pool that is not open to the general public and/or is operated principally for commercial purposes. This includes a pool that is limited to members of a club or residents of a development.
SWIMMING POOL, PRIVATEA swimming pool that primarily serves one household and its occasional guests.
Any room, space, shop or personal services establishment
involved in the piercing of any part(s) of the body and/or the marking
or coloring of the skin by pricking or coloring matter so as to form
indelible marks or figures or by the production of scars.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade. The sale of food may also
occur. (See also the definition of “restaurant”.) Taverns
shall include service clubs, social clubs or any place where alcoholic
beverages are served as a primary or substantial portion of the total
trade.
[Amended 2-2-2010 by Ord. No. 853, approved 2-2-2010]
A building or part of a building devoted to the showing of
moving pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
theater.
Plowing, harrowing, or otherwise working the land for the
purpose of cultivating crops for resale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
Plowing, harrowing, or otherwise working the land for the
purpose of cultivating crops not intended for resale.
[Added 2-2-2010 by Ord. No. 853, approved 2-2-2010]
The storage of more than 300 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling, attached."
See "lot."
A facility that is clearly primarily intended for education
of a work-related skill or craft or hobby and that does not primarily
provide state-required education to persons of ages four to 19. This
shall include a dancing school, martial arts school or ceramics school.
A facility where trucks load and unload goods, products,
cargo and/or other materials to be broken down or aggregated in different
size loads and reshipped to other destinations.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
An allocation of space within a building or structure that
is independent of other such space and that constitutes a separate
use. This shall include both fee simple ownership and leaseholds.
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied,
and any activity, occupation, business or operation carried on in
a building or other structure or on a tract of land.
An establishment or structure designed to provide something
useful to the public, including but not limited to electric power,
gas, water, sewer, cable, telecommunications, etc.
A modification of any provision of this chapter, granted
by the Zoning Hearing Board in accordance with the provisions of this
chapter and the Pennsylvania Municipalities Planning Code, Act 247,
as amended.
A percentage which when multiplied by the lot area will determine
the area that must be covered by vegetation such as trees, shrubs,
flowers, grass or other similar natural cover.
Any commercial use open to the general public that includes
six or more electrical or electronic amusement machines that are operated
by coins or tokens with monetary value. The use of five or fewer such
machines is a permitted-by-right accessory use to any commercial use.
See "fence."
A building used primarily for the inside storage and distribution
of goods and materials, which includes land and buildings used as
a relay station for the transfer of goods from one vehicle or party
to another, and the parking and storage of tractor and/or other trailer
units.
A system designed to transmit water from a source to users
in compliance with the requirements of the appropriate state agencies
and the Borough.
PUBLIC WATER SERVICEService by a central water system that is owned and operated by a municipal authority or a water company with a service area defined by the State Public Utility Commission and which transmits water from a common source to more than 20 dwellings or principal uses.
ON-LOT OR NONPUBLIC WATER SERVICEWater service that does not meet the definition of a public water service. In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
A permanent topographic feature, whether natural or human-made,
that serves to gather and carry flowing surface water, such as a permanent
or intermittent stream, a river, creek, brook, run or swale, and which
is measured by the width of the channel during normal high water.
All land and water within the confines of a drainage basin.
To make a material, such as cloth or baskets, by interlacing
threads, yarn or other similar materials.
Any area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
[Note: As of 1988, the following was the official federal definition
of wetlands: "Those areas that are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions." Wetlands
generally include swamps, marshes, bogs and similar areas. "Wetlands"
are technically defined on the basis of types of vegetation and soils
and the level of the water table below the surface. As of 1988, the
regulations are enforced by the United States Army Corps of Engineers,
the United States Fish and Wildlife Service and the Pennsylvania Department
of Environmental Protection.]
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
An open area between a setback line and the adjoining lot
lines or right-of-way, which may not be occupied or obstructed by
any portion of any structure, except as is specifically permitted
by this chapter.
FRONT YARDA prescribed yard located between the front lot line or street and any building, excluding steps.
REAR YARDA prescribed yard located between any building, excluding steps, and the rear lot line, commonly found opposite the side of the lot which fronts on a street.
SIDE YARDA prescribed yard located between the side lot line and any building, excluding steps.
See "garage sale."
The body granted jurisdiction under the Borough of Shippensburg
Zoning Ordinance to render final adjudication.[7]
The individual appointed by the Borough Council to administer
the Zoning Ordinance.
