Borough of Manheim, PA Background Provisions

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Editor's Note: The Official Zoning Map, as amended, is on file in the Borough office; Zoning Map amendments are included as Article VIII of this chapter.

[Amended 1-30-1996 by Ord. No. 538; 1-10-1996 by Ord. No. 540; 3-28-2000 by Ord. No. 567]

Word usage. 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:

(1)

Words in the present tense also imply the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The word "person" includes a partnership or corporation as well as an individual.

(5)

The term "shall" or "must" is always mandatory.

(6)

Within each zone, any use not specifically permitted is expressly prohibited.

Specific words and phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm.[1]

ACCESSORY DWELLING SUITE

A secondary residential unit which is part of the primary residential use and in compliance with § 220-60. An accessory dwelling suite shall not be used or occupied as a typical tenant/landlord rental apartment with respect to the nature of the permitted occupants. Occupants shall only be a parent, an in-law, an adult child, a sister, a brother or an aunt or uncle, directly related to or through marriage of the property owner(s).

[Added 9-27-2022 by Ord. No. 678]

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ACT

The Pennsylvania Municipalities Planning Code.[2]

ADULT-RELATED USES

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(1)

ADULT BATHHOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, during which specified anatomical areas are displayed or specified sexual activity occurs. This section shall not apply to hydrotherapy treatment practiced by, or under the supervision of, a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.

(2)

ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.

(3)

ADULT BOOKSTOREAny establishment which has as a substantial or significant portion of its stock-in-trade:

(a)

Books, films, magazines or other periodicals or other forms of audio or visual representation which are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas; and

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(4)

ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(5)

ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the commonwealth. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

(6)

ADULT MINI MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five but less than 50 persons used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas

(7)

ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.

(8)

ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(9)

ADULT MOTION-PICTURE ARCADEAny place to which the public is permitted or invited, wherein coin- or slug-operated or electronically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(10)

ADULT MOTION-PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons, used for presenting any form of audio or visual material and in which a substantial portion of the total presentation time, measured on an annual basis, is devoted to the showing of material which is distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.

(11)

ADULT NEWSRACKAny coin-operated machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

ADULT OUT-CALL SERVICE ACTIVITYAny establishment or business which provides an out-call service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.

(13)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psycho-sexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.

(14)

ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature, which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.

(15)

Any other business or establishment which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters or enclosing walls; any enlargement of a building or structure; the moving of a building or structure from one location to another; any change in the means of egress from or access to a building or structure; any change to the use of land upon a lot; and any renovation to a structure which would change its use.

AMUSEMENT ARCADE

A commercial establishment which provides, as a principal use, amusement devices and/or games of skill or chance (e.g., pinball machines, video games, Skee-Ball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANIMAL

Any domestic animal or fowl, any wild animal or fowl, any farm animal or any household pet.

(1)

DOMESTIC ANIMALAny dog, cat, hamster, guinea pig, hedgehog, rabbit, rat, mouse, chinchilla, ferret or other domesticated nonfarm animals which are locally available for purchase as pets. Also includes amphibians and reptiles such as turtles, frogs, salamanders, lizards and snakes.

(2)

DOMESTIC FOWLAny canary, finch, parakeet, parrot, cockatiel or other domesticated birds which are locally available for purchase as pets.

(3)

FARM ANIMALAny sheep, goat (including pygmy), pig or hog (including potbelly or Vietnamese), cows, horses, mules and chickens normally found on a farm.

(4)

HOUSEHOLD PETThe noncommercial keeping of domestic animals or domestic fowl, normally or ordinarily kept in or permitted to be at large in the dwelling of its owner, as an accessory use to a primary residential use. No more than four adult animals shall be permitted regardless of species (e.g., one dog, two cats and one snake equals four).

(5)

LARGE ANIMALAny farm animal of the bovine, equine, swine or sheep families and any wild animal which is, by size and/or weight, of a similar character to the aforementioned animal families; wild fowl or game birds such as pheasants, ducks, geese, swans, turkeys, ravens and falcons or other birds of prey and any other wild fowl which is by size and/or nature of a similar character to the aforementioned wild fowl or game birds.

(6)

PET PROJECTThe noncommercial keeping of limited numbers of specific farm animals, domestic animals, wild fowl or game birds as an accessory use within the R-1, R-2, R-3, R-4 and COA Zones. The purpose of which shall be educational in nature and shall be accomplished in affiliation with a recognized program such a 4-H, FFA and FHA.

(7)

SMALL ANIMALAny domestic animal or domestic fowl; any farm animal such as chickens; wild fowl or game birds such as pigeons or quail and any other wild fowl which is by size and/or nature of a similar character to the aforementioned wild fowl or game birds.

(8)

WILD ANIMALAny nonfarm animal, amphibian or reptile not normally or ordinarily domesticated or available locally for purchase as pets, not normally or ordinarily raised in this area and climate, or not capable of being kept as a household pet.

(9)

WILD FOWL or GAME BIRDAny fowl such as pigeons, quail, pheasants, ducks, geese, swans, turkeys, ravens and falcons or other birds of prey not normally or ordinarily domesticated or available locally for purchase as pets, not normally or ordinarily raised in this area and climate, or not capable of being kept as a household pet.

ANTENNA HEIGHT

The vertical distance measured from the base of the antenna support structure at grade to the highest point of the incorporated structure, which shall include all appurtenances connected thereto (support brackets, antennas, etc.). If the support structure is on a sloped grade, the average height between the highest and lowest grades, at the ground connection points, shall be used in calculating the antenna height.

ANTENNA SUPPORT STRUCTURE (also referred to as TOWER)

All types of poles, tripods, quad-base towers, self-supporting structures, monopoles, telescoping masts and guy-wire-anchored facilities as well as any other structure, as defined herein, which is designed or proposed to support a device used in the transmitting or receiving of radio frequency energy.

ATTIC

That part of a building which is immediately below and wholly or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

AUTOMOBILE FILLING STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, vehicular sales nor rental, or automatic car washes.

AUTOMOBILE RECONDITIONING

A commercial business at which any or all of the following services are performed upon passenger vehicles:

(1)

Washing, waxing, buffing, rubbing and/or application of paint sealants to vehicle's exterior.

(2)

Minor touch-up to vehicle's exterior paint and/or application of pin stripes and other similar decorative treatments.

(3)

Cleaning and shampooing of vehicle's interior compartment.

(4)

Replacement of minor decorative automobile parts and trim.

(5)

Degreasing and cleaning of engine compartment.

AUTOMOBILE SALES

Any building or land devoted to the sales of passenger vehicles, including accessory service and repair facilities, if conducted within a wholly enclosed building.

AUTOMOBILE SERVICE

The repair, servicing, maintenance and reconditioning of passenger vehicles, but not including car washes per se.

BASEMENT

See "cellar."

BED-AND-BREAKFAST

An owner-occupied, single-family detached dwelling where between one and six rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks. Meals may be offered only to registered overnight guests.

BILLBOARD

Sign upon which images and/or messages of any kind are printed, posted or lettered, whether freestanding or attached to a surface of a building or other structure. A billboard is used to advertise products, services or businesses at a location other than the premises on which the sign is placed or to disseminate other messages.

BOARD

The Zoning Hearing Board of Manheim Borough.

BOARDINGHOUSE

A building or portion thereof arranged or used for sheltering or feeding, or both, of not more than six individuals who do not constitute a family.

BOROUGH

Manheim Borough, Lancaster County, Pennsylvania.

BUILDING

Any structure with a roof intended for shelter or enclosure of persons, animals or property.

(1)

ATTACHEDA building which has two or more party walls in common.

(2)

DETACHEDA building which has no party wall.

(3)

SEMIDETACHEDA building which has only one party wall in common.

BUILDING AREA

The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces and stairs.

BUILDING HEIGHT

A building's vertical measurement from the average level of the ground abutting the building at its corners to the highest point of the roof.

BUILDING SETBACK LINE

The actual line of that face of the building nearest an adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include stairs.

CAFE

An exterior seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business.

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area.

CELLULAR SITE

A tract or parcel of land or portion thereof upon which wireless or cellular communications antenna(s), antenna support structures, accessory buildings, equipment and/or parking or other uses associated with and ancillary to wireless and cellular communications are either constructed or proposed to be erected, constructed or developed.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, mausoleums and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as part of a funeral home.

CERTIFICATE OF USE AND OCCUPANCY

A statement signed by a duly authorized Borough officer, setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHURCH AND RELATED USES

A building, structure or group of buildings or structures, including accessory uses, designed or intended for public worship. This definition shall include rectories, convents and church-related educational and/or day-care facilities.

COMMERCIAL RECREATION FACILITY

An activity operated as a business open to the public for the purpose of public recreation or entertainment, including, but not limited to, bowling alleys, drive-in motion-picture facilities, swimming pools, health clubs, miniature golf courses, museums, etc. This does not include adult-related uses or amusement arcades, as defined herein.

COMMON OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site, designed and intended for use by all residents of the development or the general public. Land included within the right-of-way lines of streets shall not be classified as common open space. Common open spaces shall not include required open areas nor setbacks between buildings and between buildings and street rights-of-way, driveways, access drives, parking areas and property lines of the development. No dwelling unit, residential accessory buildings or parking or loading areas may be located within common open spaces.

COMMUNITY REHABILITATION FACILITIES

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 community confinement centers, prerelease, work-release, probationary programs, halfway houses, and active criminal rehabilitation facilities.

[Added 7-12-2011 by Ord. No. 622]

CONDITIONAL USE

A use which may be suitable in certain localities within the zone only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Borough Council after recommendations by the Planning Commission in accordance with § 220-122 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONVENIENCE STORE

(1)

A retail sales business which specializes in providing household products and foods. Convenience stores may also provide any or all of the following as an accessory use:

(a)

The rental of videotapes, provided that an adult bookstore is specifically prohibited.

(b)

The preparation and sales of delicatessen sandwiches and foods, provided that no patron seating is provided.

(c)

The use of no more than two amusement devices (e.g., pinball machines, video games and other similar devices).

(2)

Convenience stores shall not include the dispensing of gasoline or other vehicle fuels unless the appropriate approvals for an automobile filling station (as defined herein) have been obtained.

DAY CARE

The offering of care or supervision over minors or special needs adults in lieu of care or supervision by family members. This definition does not include the offering of overnight accommodations.

(1)

DAY CARE, COMMERCIALA day-care facility that is a primary use and is licensed by the Commonwealth of Pennsylvania.

(2)

DAY CARE, FAMILYA day-care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the Commonwealth of Pennsylvania and offers care and supervision to no more than six different persons during any calendar day.

DENSITY

The number of dwelling units in relation to the area of land of a parcel in use or proposed to be used for residential purposes, exclusive of public rights-of-way.

DEVELOPMENT

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

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

(1)

Attributable to mental retardation, cerebral palsy, epilepsy or autism.

(2)

Found to be attributable to any other conditions found to be closely related to mental retardation, because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons or requires treatment and services similar to those required for such persons.

(3)

Attributable to dyslexia resulting from a disability described in subsections (1) and (2) of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DISTRIBUTION

A process whereby materials, goods or products are imported, stored by one person and then delivered to another.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving a one single-family dwelling unit or a farm.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy, including those listed below, but not including hospitals, hotels, boardinghouses, rooming and lodging houses, institutional houses, tourist courts and the like, offering overnight accommodations for guests or patients. All dwellings must be permanently affixed to a completely enclosed foundation constructed of currently accepted materials that shall be an entire perimeter wall and extend from below the frost line to the first floor of the building. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water, electrical and other utility systems.

(1)

DUPLEX(Two-family; single-family, semidetached.) A freestanding building containing two dwelling units for two families arranged in a side-by-side or over-and-under configuration. Those units placed on common grounds shall have one front and rear yard and two side yards. Those units constructed on individual lots shall have one front, side and rear yard.

(2)

MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units.

(3)

QUADRUPLEXOne detached building that contains four separate dwelling units, all of which share one or two points of exterior access.

(4)

SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family and having two side yards, one front yard and one rear yard; in the case of a corner lot, the building will have two front and one side and rear yard. Mobile homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the mobile home is securely anchored to the permanent foundation and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Travel trailers shall not be construed as dwellings. Modular homes can be considered single-family detached dwellings so long as they comply with the general requirements of a dwelling.

(5)

TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common party walls.

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities. All dwelling units shall be owner-occupied or leased for periods of not less than one continuous month.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction, and the moving, depositing, or storing of soil, rock or earth.

EFFICIENCY APARTMENT

A dwelling unit of at least 500 square feet of habitable space and in compliance with § 220-60.

[Added 9-27-2022 by Ord. No. 678]

ESSENTIAL SERVICES

The erection, construction, alteration, extension or maintenance by a public utility corporation, municipality, municipal authority or which is privately owned and operated under the approval of the Pennsylvania Public Utility Commission to provide gas, electrical, telephone, television, steam or water transmission or distribution services, stormwater controls and/or sewage disposal services, including buildings, enclosures, wells, pumping stations, storage facilities, poles, wires, mains, drains, pipes, conduits, cables, fire alarm boxes, police call boxes, transformers, streetlights, traffic signals, hydrants and other similar fixed equipment, accessories and services in connection therewith, which are reasonably necessary for the furnishing of adequate services for the public health, safety or general welfare of the local residents. Wireless and cellular communications are not considered to be essential services.

FAMILY

An individual or individuals related by blood, marriage or adoption who maintain one common household and live within one dwelling unit. Additionally, up to four unrelated individuals who maintain a common household and live within one dwelling unit may be considered a family. Finally, a family shall also expressly include eight unrelated persons who reside within a licensed group home, as defined herein.

[Amended 7-12-2011 by Ord. No. 622]

FENCE

A structure designed as a barrier to restrict the movement of persons, animals and/or vehicles.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, finance or loan company, etc.

FLOODPLAIN

An area of land adjacent to the channel of a watercourse which has been or is likely to be flooded, or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

FLOOR AREA, GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls or the center line of party walls, and including all areas intended and designed for the conduct of a business or industrial use.

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit as measured to the interior surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, but not including closets, hallways, stairways, cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

FRONT BUILD-TO LINE

A line establishing the required location for all or a portion of a building's front facade.

FRONTAGE

The horizontal dimension that coincides between a street and a property.

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than 11,000 pounds gross vehicle weight may be stored therein. Where a garage is an attached integral part of a dwelling unit, the garage shall not be counted as floor area unless it is constructed or modified into a habitable room by the removal of all vehicular access doors, and provided adequate off-street parking is still available on the same lot as the dwelling unit.

GRADE

The ground elevation adjacent to a structure, plant or other object.

GROUP CARE AND TREATMENT CENTER

An institutional care facility, licensed, registered or certified under an applicable county, commonwealth or federal agency, for persons who need temporary and specialized housing, treatment and/or counseling for physical or mental disabilities, including persons recovering from addiction, to reside in while receiving therapy or counseling prior to moving into more permanent living arrangements in a family dwelling or nursing, convalescent or similar health care facilities.

[Added 7-12-2011 by Ord. No. 622]

GROUP HOME

A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for up to eight handicapped individuals, as defined by the Fair Housing Act[3] and the Fair Housing Amendments Act of 1988, as amended. A group home shall not include a group care and treatment center or community rehabilitation facilities as defined by this chapter. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such licenses must be delivered to the Borough prior to beginning the use. Group homes shall be permitted and regulated in the same manner as any other dwelling unit within each respective zone where special care is needed by the individual served.

[Amended 7-12-2011 by Ord. No. 622]

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other wastewater treatment plant, sludge from a water supply treatment plant or air pollution facility, and other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration or physical, chemical or infectious characteristics may:

(1)

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population; or

(2)

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of or otherwise managed.

HEAD-IN PARKING SPACES

Off-street parking spaces that directly abut and access a public street. These spaces run perpendicular to or are angled (no less than 60° interior angle) from the public street.

HEALTH AND FITNESS CLUB

A commercial business that offers active recreational and/or fitness activities. Such activities are provided only to club members and their guests. Such facilities do not include golf courses.

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof.

HEIGHT, STRUCTURE

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

HIGHWAY ACCESS POINT

The vehicular entrance or exit of a use to a public street.

HOBBY

An activity that is undertaken solely as a leisure or recreational pastime. The sale of any product or service shall not be considered to be a hobby.

HOME IMPROVEMENT STORE

A facility for the retail sale of a combination of products used in the construction, repair and improvement of homes, including, but not limited to, lumber, masonry products, exterior siding, roofing, plumbing fixtures, pipes, electrical supplies, floor coverings, paints and wall coverings, windows and glass, landscaping materials, hardware, tools and other accessories. Home improvement stores shall always involve outdoor storage of materials; any facilities that sell the above-described products that do not have outdoor storage can be considered to offer the general retail sale of goods.

HOME OCCUPATION

A detached or commercial activity that is conducted as an accessory use in a detached dwelling unit, except that a limited business or commercial activity which meets all of the following criteria is not considered a home occupation and is permitted by right in any dwelling unit:

(1)

No exterior evidence of the business shall be permitted.

(2)

No retail sales or display of goods, exclusive of telephone solicitation, is permitted.

(3)

No on-site storage of commercial vehicles shall be permitted, except as may be provided under the definition of "garage, private."

(4)

Only residents of the site may be engaged in the business or commercial activity.

(5)

The business or commercial activity may be conducted only within the dwelling unit and may not occupy more than 15% of the habitable floor area.

(6)

The use shall not require the delivery of materials and goods by trucks larger than standard panel trucks.

(7)

The use shall not involve regular visitation by customers, clients, salespersons or suppliers.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour-per-day basis, and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL/MOTEL

An establishment which is open to transient guests and in which lodging with or without meals is offered for compensation and in which there are more than five separate sleeping units.

IMPROVEMENT

Any type of structure, excavation or pavement, excluding a driveway or curb.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.

JOINT-USE DRIVEWAY

A common driveway that serves three or four adjoining dwellings within a village cluster development.

JUNK

Any used and/or discarded materials, including, but not limited to, wastepaper, rags, metal, building materials, house furnishings, appliances, tires, machinery and vehicles or parts thereof, with or without the dismantling, processing, salvage, recycling, sale or other use or disposition of the same. For purposes of this definition, the storage of one or more unlicensed, wrecked or disabled vehicles, or major parts thereof, on the lot of one principal dwelling or business shall constitute a junkyard. (A disabled vehicle is a vehicle intended to be self-propelled that shall not be operable under its own power for any reason or a vehicle that does not have a valid current registration plate and a certificate of inspection.)

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of junk.

KENNEL

Any lot on which four or more adult animals (except relating to a farm) are kept, boarded, raised, bred, treated or trained for a fee, including, but not limited to, dog or cat kennels.

LANDOWNER

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

LANDSCAPE FEATURE

A three-dimensional, detached or attached, decorative, accessory structure, including, but not limited to, memorials, statues, sculptures, permanent fountains, public art displays, and similar features.

[Added 9-27-2022 by Ord. No. 678]

LANDSCAPE SCREEN

A completely planted visual barrier composed of evergreen plants and trees arranged to form both a low-level and a high-level screen. The high-level screen shall consist of evergreen trees planted with specimens having an initial height of not less than five feet and planted at intervals or not more than 10 feet on center. The low-level screen shall consist of evergreen shrubs planted at an initial height of not less than two feet and spaced at intervals of not more than five feet on center. The low-level screen shall be placed in alternating rows to produce an effective visual barrier.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOT

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

(1)

LOT, CORNERA lot at the point of intersection of and abutting two or more intersecting streets, and which has an interior angle of less than 135° at the intersection of the two street lines. Corner lots shall have two front yards and two side yards.

(2)

LOT, FLAGA lot whose frontage does not satisfy the minimum width requirements for the respective zone but that does have sufficient lot width away from the lot's frontage.

(3)

LOT, INTERIORA lot other than a corner lot, the sides of which do not abut a street.

(4)

LOT, THROUGHAn interior lot having frontage on two parallel or approximately parallel streets.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT COVERAGE

A percentage of the lot area which may be covered with an impervious surface (e.g., buildings, driveways, parking areas, sidewalks).

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT WIDTH

The horizontal distance measured between side property lines. On corner lots, lot width shall be measured between the right-of-way line for the nonaddress street and the directly opposite property line.

MANUFACTURING

A function involving either the processing or production of materials, goods or products.

MATERIALS

Articles which are components of a future product.

MEDICAL OR DENTAL CLINIC

Any building or group of buildings occupied by three or more medical and/or dental practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MINI WAREHOUSE

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

MOBILE HOME

Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Mobile homes shall be considered "dwellings" and be bound by the requirements there imposed.

MUNICIPALITY

Borough of Manheim, Lancaster County, Pennsylvania.

NIGHTCLUB

Any building used for on-site consumption of alcoholic or nonalcoholic beverages where live entertainment is offered. For the purposes of this definition, "live entertainment" is also meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for the on-site consumption of food. Additionally, nightclubs may offer the retail sale of carry-out beer and wine as an accessory use. This is meant to include an "under 21" club which features entertainment.

NO-IMPACT HOME-BASED BUSINESS

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 7-12-2011 by Ord. No. 622]

(1)

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2)

The business shall employ no employees other than family members residing in the dwelling.

(3)

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4)

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6)

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.

(7)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)

The business may not involve any illegal activity.

NONCONFORMING LOT

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

NONCONFORMING STRUCTURES

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

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in 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.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

NURSING, REST OR RETIREMENT HOME

Facilities designed for the housing, boarding and dining associated with some level of nursing care.

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service or government, including administration, recordkeeping, clerical work and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods or products, or the sale or delivery of any materials, goods or products which are physically located on the premises. Office supplies used in the office may be stored as an incidental use.

OUTDOOR STORAGE

The keeping in an unenclosed area of goods, merchandise or materials for a period of longer than 24 hours.

[Added 7-12-2011 by Ord. No. 622]

PA DEP

Pennsylvania Department of Environmental Protection.[4]

PARKING COMPOUND

A primary business where passenger vehicles may be stored for short-term, daily or overnight off-street parking, and connected to a street by an access drive.

PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided, subject to the requirements listed in § 220-33 of this chapter.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS, PRIVATE

A recreational facility owned or operated by a nonpublic agency and/or conducted as a private gainful business.

PARKS, PUBLIC AND/OR NONPROFIT

Those facilities designed and used for recreation purposes by the general public that are owned and operated by a government or governmental agency/authority or are operated on a nonprofit basis. This definition is meant to include the widest range of recreational activities, excluding adult-related uses and amusement arcades.

PennDOT

Pennsylvania Department of Transportation.

PERSON

An individual, corporation, partnership, incorporator's association or any other similar entity.

PLANNED CENTER

A group of uses planned and designed as an integrated unit with controlled ingress and egress and shared off-street parking provided on the property as an integral part of the unit. Such centers also may include "planned center signs" as regulated herein.

PLANNING COMMISSION

The Planning Commission of Manheim Borough. (See Chapter 49.)

PREMISES

The property upon which the activity is conducted as determined by physical facts rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incidental to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

(1)

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway or other obstruction and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

(2)

Any land which is used for or devoted to a separate purpose unrelated to the advertised activity.

(3)

Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity, and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

PRIVATE CLUB

An organization catering exclusively to members and their guests, or premises or buildings for social, recreational, and administrative purposes which are not conducted for profit, provided there are not conducted therein any vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations, labor unions, as well as social and athletic clubs.

PROCESSING

A function involved in the manufacture of materials, goods or products in which they are not physically changed except for packaging or sizing.

PRODUCT

Any article whose appearance or composition has been changed or altered but not in a completed form for ultimate disposition.

PUBLIC

Owned, operated or controlled by a governmental agency (federal, state or local, including a corporation created by law for the performance of certain specialized governmental functions and the Board of Education).

PUBLIC HEARING

A formal meeting held pursuant to public notice by the Borough Council or Planning Commission intended to inform and obtain public comment prior to taking action on zoning-related matters.

PUBLIC MEETING

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.[5]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Borough. 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 three days, and the second publication shall not be less than seven days from the date of the hearing. Public notice for rezoning, special exception, conditional use and/or variance requests shall also include the posting of a sign(s) at a conspicuous location along the perimeter of the subject property; this sign(s) shall be posted at least one-week prior to the hearing and will exhibit the nature, date, time and location of the hearing.

PUBLIC NUISANCE

A condition or activity which takes place on a property or within a structure which creates a health or an environmental impact on the general public or on an adjacent property or neighborhood (e.g., odors, noise, dust, smoke, glare, wastewater, solid waste disposal, etc.).

PUBLIC SEWER

A municipal sanitary sewer approved and permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

PUBLIC USES

Public and semipublic facilities that serve the Manheim community, including parks, libraries, fire, police and ambulance stations and municipal properties, buildings and garages.

[Amended 7-12-2011 by Ord. No. 622]

PUBLIC UTILITIES

A use or extension thereof which is owned, operated and/or maintained by a public utility corporation, municipality, municipal authority or which is privately owned and operated under the approval of the Pennsylvania Public Utility Commission for the purpose of providing essential services such as public sewage disposal and/or treatment, public water supply, storage and/or treatment, natural gas supply, transmission of electric energy, transmission of visual or audio communication services via a system of underground conduits or overhead poles, wires, cables, conduits, transformers, etc., for the benefit of the public health, safety or general welfare.

PUBLIC WATER

A municipal water supply system permitted by the Pennsylvania Department of Environmental Protection. Such systems are capable of serving multiple users.

RECYCLING COLLECTION FACILITIES

An accessory use whereby recycled materials are dropped off by the public for collection by a waste hauler and/or processor.

RECYCLING FACILITIES

A principal use whereby collected recyclables are separated, processed, cut, shredded, cleaned, ground, crushed, bundled, bailed and/or packaged.

RENTAL

A procedure by which services or personal property are temporarily transferred to another person for a specific time period for compensation.

REPAIR

A function involved in correcting deficiencies of products that affect its performance and/or appearance.

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-THROUGH OR FAST-FOOD

An establishment that serves prepared food generally packaged in disposable or recyclable wrappers, plates and containers. Such food can be consumed either on or off the site.

RETAIL

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein.

RIGHT-OF-WAY

A corridor of publicly owned land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

SATELLITE DISH ANTENNA

Device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, TVROs and satellite microwave antennas.

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

(1)

COMMERCIAL SCHOOLSA school that may offer a wide range of educational or instructional activities (excluding vocational-mechanical trade schools as defined below) that may, or may not, be operated as a gainful business by some person or organization other than the School District.

(2)

PRIVATE SCHOOLA school that offers preschool, kindergarten, elementary, secondary, postsecondary and/or post-graduate education that may, or may not, be operated as a gainful business.

(3)

PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing preschool, kindergarten, elementary, secondary and adult education, and operated by the School District.

(4)

VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:

(a)

Truck driving.

(b)

Engineer repairs.

(c)

Building construction and general contracting.

Woodworking.

Masonry.

Plumbing.

Electrical contracting.

(h)

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 220-8 and 220-111E of this chapter.

SCHOOL DISTRICT

Manheim Central School District.

SETBACK

The required horizontal distance between a setback line and a property or street line.

(1)

SETBACK, FRONTThe distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

(2)

SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

(3)

SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

SETBACK LINE

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line. Such minimum distance shall be measured horizontally between the street and/or property line and a vertical plane that coincides with the closest face or projection of the structure at or above grade (except for overhanging eaves, gutters and cornices) to the street and/or property line.

SHADE TREE

A deciduous tree that shall have a clear trunk at least five feet above the finished grade.

SHOPPING CENTER

A group of stores planned and designed for the site on which it is built, functioning as a unit, with shared off-street parking provided on the property as an integral part of the unit.

SIGN

A device for visual communication that is used to bring the subject to the attention of the public, including lettering or symbols that are an integral part of another structure or flags or other insignia of any government, fraternal or similar organization.

SOLID WASTE

Garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

SPECIAL EXCEPTION

A use that is generally compatible with a particular zone once specified criteria have been met. Special exception uses are listed by zone and approved by the Zoning Hearing Board in accordance with § 220-111C of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of areolae and/or human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

(1)

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.

(2)

Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence.

(3)

Use of human or animal masturbation, sodomy, oral copulation, coitus, ejaculation.

(4)

Fondling or touching of nude human genitals, pubic region, buttocks or female breast.

(5)

Masochism, erotic or sexually oriented torture, beating or the infliction of pain.

(6)

Erotic or lewd touching, fondling or other contact with an animal by a human being.

(7)

Human excretion, urination, menstruation, vaginal or anal irrigation.

STORAGE

A function involving the deposition of materials, goods or products for safekeeping.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STRUCTURE

(1)

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

(a)

STRUCTURE, ACCESSORYA structure associated with an accessory use which is separated from and in addition to the principal structure or use located on the property (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.).

(b)

STRUCTURE, PRINCIPALA structure associated with a primary use.

(2)

Structures shall not include such things as sandboxes, decorative fountains, swing sets, birdhouses, bird feeders, mailboxes and any other similar nonpermanent improvements.

[Amended 9-27-2022 by Ord. No. 678]

SUBSTANTIAL IMPROVEMENT

Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the fair market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the structure commences, whether or not that alteration affects the external dimensions of the structure.

SWIMMING POOL

Manufactured or field constructed equipment designed to contain water on a permanent or semi- permanent basis and used for swimming, wading, immersion or therapeutic purposes.

[Amended 9-27-2022 by Ord. No. 678]

TATTOO

Any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture or burn the skin resulting in permanent coloration of the skin or mucosa.

[Added 7-12-2011 by Ord. No. 622]

TATTOO PARLOR

Any location where tattooing is engaged in or where the business of tattooing is conducted.

[Added 7-12-2011 by Ord. No. 622]

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board. Taverns may also serve food, but no live entertainment shall be permitted.

TESTING

A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.

TRANSITIONAL COTTAGES

A separate, temporary, detached accessory dwelling unit with its own cooking, living, bathing and sleeping facilities, to be occupied by a single family under the supervision of recognized nonprofit housing organization (i.e., community or public housing group or church). For this use, the definition of a family shall be limited as follows: an individual or individuals related by blood, marriage or adoption who maintain one common household.

TRAVEL TRAILER

A portable structure, primarily designed to provide temporary living quarters for recreation, camping or travel purposes. In addition to the above, any of the following attributes are characteristic of a "travel trailer":

(1)

The unit is of such size or weight as not to require a special highway movement permit from the Pennsylvania Department of Transportation when self-propelled or when hauled by a standard motor vehicle on a highway.

(2)

The unit is mounted or designed to be mounted on wheels.

(3)

The unit is designed to be loaded onto, or affixed to, the bed and/or chassis of a truck.

(4)

The unit contains, or was designed to contain, temporary storage of water and sewage.

(5)

The unit contains some identification by the manufacturer as a travel trailer.

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

(1)

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

(2)

USE, PRINCIPALThe main or primary use of property or structures.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the Act.

VETERINARIAN'S OFFICE

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits, and birds or fowl. No outdoor boarding of animals is permitted.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WETLAND

Area with the characteristics of wetland, as defined by the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, Pennsylvania Department of Environmental Protection and the U.S. Natural Resources Conservation Service. Wetland areas are not limited to the locations delineated on wetland maps prepared by the U.S. Fish and Wildlife Service.

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WINDOW

An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation, or both, to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

WIND ENERGY CONVERSION SYSTEM (WECS)

Any device which converts wind energy to mechanical or electrical energy.

WECS UNIT

Includes blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades, etc.

YARD

An area between the permitted structures and the property lines.

(1)

YARD, FRONTThe area contained between the street right-of-way line and the principal structure.

(2)

YARD, REARThe area contained between the rear property line and the principal structure. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address. For flag lots, the rear yard shall be all areas between the building and every lot line.

(3)

YARD, SIDEThe area(s) between a principal structure and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the streets.

ZONING

The designation of specified districts within the Borough, reserving them for certain uses, together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms. In the Borough, it is the Codes Compliance Officer.[6]

ZONING PERMIT

Written authorization from the Codes Compliance Officer to alter, improve, construct and/or make use of an area of land as regulated by this chapter.

[1]

Editor's Note: The original definition of "Accessory building apartment," which immediately followed this definition, was repealed 7-12-2011 by Ord. No. 622.

[2]

Editor Note: See 53 P.S. § 10101 et seq.

[3]

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

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I). This definition replaced the original definition of PA DER; the Pennsylvania Department of Environmental Resources (PA DER) was split into two and reorganized by Act 1995-18 and is now the Department of Environmental Protection, 71 P.S. § 510-1 et seq., or the Department of Conservation and Natural Resources, 71 P.S. § 1340.301 et seq. For purposes of this chapter, most former references to the PA DER have been revised to reference the PA DEP.

[5]

Editor's Note: The Sunshine Act adopted July 3, 1986, P.L. 388, No. 84 (65 P.S. § 271 et seq.), was repealed 10-15-1998 by P.L. 729, No. 93; see now the Sunshine Act, 65 Pa.C.S.A. § 701 et seq.

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).