[Ord. 1112, 1/19/2010]
Unless otherwise expressly stated, the following words shall,
for the purposes of this chapter, have the meanings herein indicated.
Words used in the present tense include the future tense. The singular
includes the plural. The word "person" includes any individual or
group of individuals, a corporation, a partnership, or any other similar
entity. The word "lot" includes the word "plot" or "parcel." The word
"shall" is always mandatory; the word "may" is permissive. The word
"should" is permissive. The word "used" or "occupied," as applied
to any land or building, shall be construed to include the words,
"intended, arranged or designed to be used or occupied."
[Ord. 1112, 1/19/2010]
Unless otherwise expressly stated, the following words shall, for the purposes of this chapter, have the meanings herein indicated. Words used in this chapter and not defined herein but defined in Chapter 8, Floodplains, Chapter 26, Water, and Chapter 22, Subdivision and Land Development, of the Mechanicsburg Borough Code, shall have the meanings therein indicated.
[Ord. 1112, 1/19/2010; as amended by Ord. 1125, 9/20/2011]
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of a property or structure, or a cessation
of the use of the property or structure, by the owner with the intention
neither of transferring rights to the property or structure to another
owner nor of resuming the use of the property or structure.
A driveway serving a nonresidential land use and/or a multifamily
land use, which driveway is within a parking lot confined solely to
the same lot of the use and which directly adjoins the parking spaces.
An access drive is intended to provide a vehicular connection between
the spaces and a public or private street, lane or alley and may be
partially physically separated from the spaces by curbs, landscape
islands or similar features.
A sign customarily incidental and subordinate to the principal
sign and located on the same lot with such principal sign.
[Added by Ord. 1129, 6/5/2012]
A structure clearly and customarily subordinate to and on
the same lot as the principal structure and used exclusively for purposes
constituting and accessory use, including but not limited to private
garages, barns, utility sheds, greenhouses and buildings for housing
household pets and excluding signs, antennae communication towers,
communication facilities, telecommunications equipment buildings,
co-location/shared-use communication facilities and power-mounted/shared
use communication facilities. Operable or inoperable vehicles or any
portion thereof shall not be considered accessory.
[Amended by Ord. 1129, 6/5/2012]
A use customarily incidental and subordinate to the principal
use of the principal structure and located on the same lot with such
principal use or principal structure.
An establishment open to the general public or a private
club open to members which is used and occupied for one or more of
the following activities:
ADULT BOOKSTOREAn establishment in which 20% or more of the net retail floor 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, videotape, or similar visual presentations 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.
ADULT THEATERA building or a room within a building used for presenting motion-picture film, videotape or similar visual representation of materials distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT CABARETAn establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by emphasis on sexual conduct or sexually explicit nudity.
An enterprise 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 in by farmers or are consistent with technological
development within the agricultural industry. Agriculture activities
do not include community gardens and market gardens.
The right to use space above ground level.
A public thoroughfare, other than a minor street, which affords
a secondary means of access to an adjoining lot and is not intended
for general traffic circulation.
Any land use not specified in Table 2 of § 27-405.
A change in a structure involving the removal or addition
of a supporting member or a change to the structure's exterior
that increases or diminishes exterior dimensions or adds or removes
openings in the exterior walls.
A refinement to this chapter which includes revisions to
the zoning text and/or the Official Zoning Map. The authority for
any amendment lies solely with the Borough Council.
A place where animals or pets are given medical or surgical
treatment and may be cared for and housed overnight within an enclosed
principal structure during the time of such treatment or stay.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any structure.
The vertical distance measured from the base of the antenna
or support structure of the antenna, whichever is lower, to the top
of the antenna support structure or antenna, whichever is higher.
If the antenna support structure is on a sloped grade, then the lowest
grade shall be used in calculating the antenna height.
A device incorporating a reflective surface that 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,
tapered rolling strip antennas (TAROS) and satellite microwave antennas.
Any building, tower or structure used for the purpose of
supporting an antenna.
A suite of rooms or a single room in a building containing
at least three or more dwelling units, each with its own cooking,
food storage, bathing and toilet facilities and with access directly
or by a common hallway to the outside. See also "dwelling, multifamily."
An independent dwelling unit, incorporated within an existing
single-family detached dwelling or integral to a garage without any
substantial external modification, established for the purpose of
providing an independent living unit.
An existing building, previously either residential or nonresidential,
that contains or is converted to a dwelling for more than one family
but not more than three families, without substantially altering the
exterior of the building.
A retail establishment which specializes in the sale or rental
of household appliances and/or related equipment, such as refrigerators,
ovens, ranges, and various smaller devices such as microwaves, toaster
ovens and blenders, for domestic uses.
A landowner or developer, as hereinafter defined, including
his heirs, successors and assigns, who has filed an application as
part of this chapter.
In conformance with the Borough of Mechanicsburg Zoning Ordinance
as interpreted by the Building and/or Zoning Officer.
[Added by Ord. 1129, 6/5/2012]
The visible, functional or ornamental objects accessory to
and part of a structure.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of architecture.
A plan for the construction of any structure designed by
a qualified registered architect.
A business establishment engaged in the sale, loan, or display
of art books, paintings, sculpture, or other works of art and where
classes may or may not occur as an accessory use.
Construction or engineering plans prepared after the completion
of construction, by the engineer of record, in such a manner as to
accurately identify and depict the location of all on-site improvements,
which includes but is not limited to all buildings, structures, driveways,
access drives, accessory driveways, lighting, parking facilities,
detention/retention areas, grading, utilities, stormwater management
facilities, curbs, gutters, and sidewalks.
An automated device operated by a pedestrian-oriented or
vehicular-oriented customer that performs banking or financial functions
without contact with financial institution personnel.
A business establishment used for the display or sale of
automobiles, noncommercial trucks, motorcycles, motor homes, recreational
vehicles and/or boats. Such use may also include the servicing or
repair of vehicles of the brand of vehicles sold at the establishment.
An automotive rental enterprise shall not be included within said
definition.
A business establishment for the sale of automotive parts
where service/repair is performed as an accessory use on the lot.
A business establishment engaged in the leasing or renting
of automobiles, motorcycles, and light-load vehicles.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the mechanical and/or body
repairs of motor vehicles, retail sale of gasoline, oil, other fuel,
or accessories for motor vehicles and which may include facilities
used for polishing, greasing, or otherwise incidental cleaning or
servicing of such motor vehicles.
A limited-distance thoroughfare, equivalent to a collector
street in capacity, that connects civic locations within an urban
area. It is limited in length, typically using civic or semipublic
buildings as terminated vistas.
A business in which money is kept for saving or commercial
purposes, invested, supplied for loans or exchanged. The facility
includes provision for the conduct of banking services directly to
the occupants of motor vehicles.
A business in which money is kept for saving or commercial
purposes, invested, supplied for loans or exchanged. The facility
does not include provision for the conduct of banking services directly
to the occupants of motor vehicles.
An elongated strip of flexible material suspended between
two points and/or hanging from one point, displaying a slogan, message
and/or an advertisement.
[Added by Ord. 1129, 6/5/2012]
That portion of a building that is partially or wholly below
ground level. This portion serves as a substructure or foundation
for a building. A basement shall be counted as a story for the purpose
of height measurement if the vertical distance between the ceiling
and the average level of the adjoining ground is more than 6Â 1/2
feet.
A business which occupies a single-family dwelling and associated
accessory structures where limited overnight lodging and breakfast
is provided for compensation to guests and where said use may or may
not also host accommodations for private events (e.g., such as weddings
and conferences). The dwelling may or may not include a publicly accessible
restaurant as a related use. Overnight lodging occurs within individual
sleeping rooms, each of which is accessible from the interior of the
principal structure and/or existing accessory structure (constructed
prior to the date of this chapter) and each of which does not contain
cooking facilities. New construction, alteration, or reconstruction
of any structure shall also be governed by said chapter. The owner
and/or manager of said bed-and-breakfast shall be a permanent resident
on the site.
A business establishment engaged in the sale and delivery
of beer and ale in wholesale quantities to retail sellers.
A bank of earth generally intended to screen activity on
a lot from activity on an adjacent lot(s) or vice versa.
An off-premises sign that advertises an establishment, activity,
person, product, use or service that is unrelated to or unavailable
on the premises where the off-premises sign is located. (See also
"sign, off-premises advertising.")
An area bounded by streets, rights-of-way, streams or other
similar natural features.
Any body granted jurisdiction under the Pennsylvania Municipalities
Planning Code[1] or a land use ordinance which has the authority to render
final adjudications.
The Borough of Mechanicsburg, Cumberland County, Pennsylvania.
The governing body of Mechanicsburg Borough, Cumberland County,
Pennsylvania.
A line which may or may not follow a visible feature that
defines the limits of a geographic entity such as a block, a block-numbering
area, a census tract, a county, a municipality, a lot, a property
or a place.
An area of land, together with a specified type and amount
of plantings, walls, berms or fences thereon, located between different
land uses to minimize potential conflicts between them.
Any structure affixed to the land, having a roof supported
by columns or walls and intended for the shelter, housing, or enclosure
of persons, animals, or property, including covered porches or bay
windows and chimneys.
A building inclusive of one or more other structures and/or
dwelling units sharing one or more common party wall(s).
The officer or other designated authority charged with the
administration and enforcement of the Borough's Building Code.
[Added by Ord. 1129, 6/5/2012]
A building surrounded by open space on all sides.
The line of that facade of the principal building containing
the entrance or entrances generally designed to be the primary pedestrian
access to the building which faces a street and where said line is
generally parallel to a street.
The vertical distance measured from the average elevation
of the finished grade at the front of the building to the highest
point of the roof. Chimneys, towers, spires, elevator penthouses,
tanks, and similar appurtenant structures or equipment may project
above the maximum building height so long as said height does not
exceed limitations defined by this chapter. Architectural screening
of rooftop projections may also be exempted from height restrictions,
provided that such structures are set back from the exterior wall
of the building by a distance equal to or greater than their height.
A business establishment specializing in the sale of wholesale
and/or retail construction supplies and materials as well as garden
supplies for home improvement.
An official document or certificate issued by the authority
having jurisdiction that authorizes performance of a specified activity
in regards to a building and/or structure.
[Amended by Ord. 1129, 6/5/2012]
The structure in which the lot's principal use is conducted.
The line within a lot defining the required distance permitted
between any principal or accessory structure from the adjacent front,
side and/or rear lot line. In the case of a lot where a front and/or
rear lot line does not coincide with a recorded right-of-way, the
building setback line shall be measured from the associated recorded
right-of-way.
A brief public notice, whether commercial in nature or noncommercial
in nature.
[Added by Ord. 1129, 6/5/2012]
An overhead roof or structure over which a fabric or metal
covering is attached.
[Amended by Ord. 1129, 6/5/2012]
An accessory covered space, open on at least three sides,
for the storage of one or more vehicles.
The portion of a right-of-way, street or alley which is improved,
designated, or intended for vehicular use.
A building or structure used for the purpose of cleaning
or reconditioning the exterior and interior surfaces of motor vehicles,
but not including an incidental washing facility to another use where
washing facilities are accessory to the operation of said use. A self-operated
vehicular laundering facility not requiring attendants or employees,
regardless of capacity, is also considered to be a car wash. No vehicle
repairs or sale of petroleum, fuels or lubricants shall occur in association
with the car wash.
See "basement."
A lot used for, or intended to be used for, the burial of
human and/or domesticated animal remains, including but not limited
to columbarium, mausoleums, and mortuaries when operated in conjunction
with the cemetery and within its boundaries.
The approval statement signed by the Council President which
certifies the historical appropriateness of work for which an application
is required for erection, construction, alteration, reconstruction,
restoration or demolition of all or any portion of any building, structure,
object, monument, or other resource within the historic district and
authorizes the issuance of a permit for the request.
[Added by Ord. 1129, 6/5/2012]
The official form required for application for a certificate
of appropriateness.
[Added by Ord. 1129, 6/5/2012]
A document issued by a local building or zoning authority
to the owner of premises attesting that the premises have been built
and maintained according to the provisions of building or zoning ordinances
and codes.
[Added by Ord. 1129, 6/5/2012]
An area of unobstructed vision at the intersection between
one or more of the following: street, alley, lane, driveway and/or
access locations to a lot. It is defined by lines of sight between
points at a given distance from the intersection of the right-of-way
lines associated with said locations.
Any business establishment such as a dance hall, club, or
association not licensed by the Pennsylvania Liquor Control Board,
and not including any adult facility, wherein patrons 21 years of
age and older may, after payment of an entry fee, cover charge, or
membership fee, consume alcoholic beverages which said patrons have
carried onto the premises; also commonly referred to as "bring your
own bottle clubs," provided that a facility which is rented for a
limited period of time, not to exceed 12 hours, by individual(s) or
an organization for the purpose of a private party in which alcoholic
beverages are carried onto the premises shall not be considered a
BYOB club under the terms of this chapter.
A group of people formally organized for a common interest,
usually cultural, service, religious, political or entertainment (not
including any adult facility), with regular meetings and formal written
membership requirements.
A facility where patrons wash, dry, or dry clean clothing
or other fabrics in machines operated by the patron.
An unheated outdoor structure consisting of a wooden or concrete
frame and a top of glass or plastic, used for protecting seedlings
and plants from the cold.
Flammable materials (materials that can ignite in flames).
[Added by Ord. 1129, 6/5/2012]
A unit of economic organization.
[Added by Ord. 1129, 6/5/2012]
Any mobile service (as defined in Section 153 of the Federal
Communications Act of 1934, as amended) that is provided for profit
and makes interconnected service available to the public or to such
classes of eligible users as to be effectively available to a substantial
portion of the public. It includes but is not limited to personal
communications services (PCS), cellular radio/telephone service, and
paging.
Any letter, word, model, banner, flag, device, structure,
matter, representation or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public for commercial purposes.
[Added by Ord. 1129, 6/5/2012]
Any person engaged as a common carrier for hire in interstate
or foreign communications by wire or radio or in interstate or foreign
radio transmission of energy. A person engaged in radio broadcasting
shall not, insofar as such person is so engaged, be deemed a common
carrier.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site, designated as a principal
use and intended for the use or enjoyment by the public or residents
of a development, not including streets, off-street parking areas,
and areas set aside for public facilities. Stormwater management facilities,
such as drainageways, swales and stormwater basins, shall not be considered
eligible to meet common open space requirements.
A structure, typically a steel pole/latticework or tower,
whose principal use is to be utilized for communication purposes associated
with service, radio, and/or television broadcast.
An area of land managed and maintained by a group of individuals
to grow and harvest agriculture products and/or nonfood, ornamental
agriculture products, such as flowers, for personal or group use,
consumption or donation. Community gardens may be divided into separate
plots for cultivation by one or more individuals or may be used collectively
by members of the group and may include common areas maintained and
used by group members. No retail sales shall be permitted to occur
on the lot where a community garden exists.
The Official Comprehensive Plan of the Borough of Mechanicsburg,
as amended from time to time, adopted pursuant to the provisions of
Article 3 of the Pennsylvania Municipalities Planning Code.[2]
A use permitted in a particular zoning district by the Borough
Council pursuant to the provisions of this chapter and Part VI of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10601
et seq.
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. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of manufactured/mobile homes.
A sign announcing the names of contractors, mechanics, artisans
and other associated supporting entities in performing work on a premises
where the sign is placed.
[Added by Ord. 1129, 6/5/2012]
A small retail establishment that offers convenience goods
for sale, such as prepackaged or limited prepared food items, tobacco,
periodicals, and other household goods, but not including fuel.[3]
Cumberland County, Pennsylvania.
[Added by Ord. 1129, 6/5/2012]
A measure of the intensity of the use of a lot or parcel
of land measured as that percentage of the lot or parcel area covered
with structures, buildings, water surface area of swimming pools as
well as improved surfaces.
[Amended by Ord. 1138, 6/17/2014]
Part of a right-of-way or privately owned land, intended
and/or designated to provide pedestrian travel across a right-of-way.
Any premises, which is licensed by the Pennsylvania Department
of Welfare as a day-care center, where care is provided for any number
of adults, who are not relatives of the operator, at any one time
for part of a twenty-four-hour day.
Any premises, which is licensed by the Pennsylvania Department
of Welfare as a day-care center, where care is provided for 12 or
more children under 16 years of age, for less than 24 hours per day.
An establishment that offers a spa service membership program
or a combination of massage therapy, spa tubs, pools, steam rooms,
saunas, or other related accessory facilities and uses and may include
a combination of nonmedical personal services such as hair, nail,
skin care, and hair removal treatments or other services typically
found in a beauty shop. A day spa shall not mean a personal service
enterprise that does not provide a combination of massage therapy,
spa tubs, pools, steam rooms, saunas, or other related accessory facilities
and uses.
[Added by Ord. 1139, 7/15/2014]
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the Court of
Common Pleas of Cumberland County.
The measurement of compactness of residential development
as to the number of dwelling units per 43,560 square feet (gross).
Final action by an officer, body, or agency charged with
the administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent that the Planning Commission is charged with a final decision on preliminary or final plans under Chapter 22, Subdivision and Land Development, or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who proposes, makes, or causes to be
made a subdivision of land or land development.
[Amended by Ord. 1129, 6/5/2012]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land or land development.
The provisions for development of land, including a planned
residential development, a plat of subdivision, all covenants relating
to use, location and bulk of buildings and other structures, intensity
of use or density of development, streets, ways, sidewalks and parking
facilities, common open space, and public facilities. The phrase "provisions
of a development plan," when used in this chapter, shall mean the
written and graphic materials referred to in this definition.
A sign announcing the sale or lease of a property where the
sign is placed within a development.
[Added by Ord. 1129, 6/5/2012]
A district includes all buildings, lots, and surface areas
within certain designated boundaries as indicated on the Mechanicsburg
Borough Zoning Map.
Any animal that has been bred or raised to live in or about
the habitation of humans and is dependent on people for food and shelter.
A sign with two facings, arranged in any configuration.
[Added by Ord. 1129, 6/5/2012]
A thoroughfare along the boundary between urbanized and natural areas, as between a park and a residential neighborhood. One side has a formal, urban arrangement with curb and gutter, sidewalk and buildings, while the other is swaled and has natural planting and rural details. See § 27-406.
A business establishment which, by design, physical facilities,
service, or by packaging procedures, encourages or permits customers
to receive services, obtain goods, or be entertained while remaining
in their motor vehicles.
A portion of a business establishment dependent on providing
an access-drive approach or parking spaces for motor vehicles so as
to serve patrons while in the motor vehicle rather than within a building
or structure.
A privately owned, constructed, and maintained vehicular
access from a street to a principal building(s) or an accessory building(s)
which does not meet the definition of a street, access drive, lane,
alley or the like.
A building or structure designed for occupancy or living
quarters for one or more persons or families.
[Amended by Ord. 1129, 6/5/2012]
MOBILE HOMEA transportable, single-family detached dwelling intended for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation. For floodplain management purposes, this definition includes park trailers, travel trailers, and other similar vehicles located on site for greater than 180 consecutive days.
MULTIFAMILYA building used by two or more families living independently of each other and doing their own cooking, including apartment houses, wherein each dwelling unit or apartment shall contain its own private kitchen and bathing facilities.
SINGLE-FAMILY ATTACHEDA dwelling used for one family but having at least one party wall in common with another dwelling.
SINGLE-FAMILY DETACHEDA building used solely by one family within one dwelling unit surrounded completely by open space on the same lot.
TWO-FAMILY DETACHED (DUPLEX)One building used by two families, with one dwelling unit arranged over the other.
More than one habitable room used for living and sleeping
purposes and having its own kitchen with fixed cooking, refrigeration
and plumbing facilities, and its own sanitation facilities with bath
and toilet fixtures, all arranged for independent occupancy by one
family or a single person.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation, or another person
or entity.
A way out, such as a path; exit.
[Added by Ord. 1129, 6/5/2012]
An electronically activated sign in which the message content,
either in whole or in part, may be changed by means of electronic
programming.
[Added by Ord. 1129, 6/5/2012]
A licensed and registered professional engineer in Pennsylvania
designated by the Borough to perform the duties of engineer as herein
specified.
A person licensed and registered under the laws of the Commonwealth
of Pennsylvania to engage in the practice of engineering. A professional
engineer may not practice land surveying unless licensed as set forth
in P.L. 534, No. 230; however, a professional engineer may perform
engineering land surveys.
An organization that has an identity separate from those
of its members.
[Added by Ord. 1129, 6/5/2012]
A sign lawfully existing at the time in which this ordinance
was adopted.[4]
[Added by Ord. 1129, 6/5/2012]
The specific purpose for which land or a building is designated,
arranged, intended, or for which it is occupied or maintained at the
present.
[Added by Ord. 1129, 6/5/2012]
An individual, or two or more persons related by blood, marriage,
or adoption or foster child care, including domestic servants or gratuitous
guests thereof; or a group of not more than three unrelated persons
living together without supervision in a dwelling unit, or not more
than five persons living together in a group living arrangement with
supervision, provided that the group living arrangement meets all
of the following criteria:
It provides routine support services, including supervision,
personal care, social or counseling services and transportation, to
persons who need such assistance in order to use and enjoy a dwelling
or to avoid being placed within an institution, because of a physical
disability, old age, mental retardation, or other handicap or disability
as defined by the Fair Housing Amendments Act or the Americans with
Disabilities Act;
Provides for the joint occupancy of a dwelling unit where the
residents maintain a common household and practice, on a permanent
or long-term basis, a joint, economic, social and cultural life;
Does not involve the housing of persons on a transient basis;
Does not involve the housing or treatment of persons accepted
for residence in the group living arrangement on the basis of their
status as criminal offenders, juvenile offenders or delinquents, or
who would otherwise qualify for residence by virtue of having been
found by any governmental tribunal, court or agency to be a danger
to society, or are on release or under the jurisdiction of the criminal
justice system, a government bureau of correction or similar institution;
"Family" shall not include persons living together in a group
care home, as defined herein, or any other supervised group living
arrangement for persons not protected by the Fair Housing Amendments
Act or the Americans with Disabilities Act or any persons who constitute
a direct threat to others or their physical lot.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for four to eight residents,
plus such minimum supervisory personnel as may be required to meet
standards of the licensing agency. Residents under supervisory care
may not be legally related to the facility operators or supervisors
and, by reason of mental or physical disability, chemical or alcohol
dependency, family or school adjustment problems or past correctional
offenses, require a minimal level of supervision but do not require
medical or nursing care or general supervision. A family care facility
must be licensed and/or approved by the Pennsylvania Department of
Human Services and may include uses such as foster homes, community
residential alternative facilities, or home individual programs.
A residence offering babysitting services and child-care
services for four to six children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Human Services.
The United States of America.
[Added by Ord. 1129, 6/5/2012]
A fully exposed, freestanding barrier made of wire, wood,
metal, masonry, or other material used as a screen or enclosure for
a yard, field, or other open space area, including a retaining wall
less than 30 inches in height that functions to enclose an open space
or yard.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported, or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. Fill
also can refer to the difference in elevation between a point on the
original ground and a designated point of higher elevation on the
final grade.
Any establishment, excluding a banking service, where the
principal business is the receipt, disbursement, or exchange of funds
and currencies, such as savings, loans, credit unions or check-cashing
establishments.
The proposed or completed elevations of the land surface,
including the surfaces of lawns, walks, and roads brought to grades
as shown on official plans or designs relating thereto.
A business establishment, generally by membership, where
passive or active exercises and related activities are performed in
a gymnasium or organized exercise facility with equipment and/or classes
for the purpose of physical fitness, improved circulation or flexibility
and/or weight control. The activities shall be conducted entirely
within an enclosed building.
A piece of cloth, usually rectangular, of distinctive color
and design, used as a symbol, standard, signal, and/or emblem.
[Added by Ord. 1129, 6/5/2012]
A flag used for advertisement purposes (see the definition
of "flag").
[Added by Ord. 1129, 6/5/2012]
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas, but including the area of roofed
porches and roofed terraces. All dimensions shall be measured between
exterior faces of walls.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living rooms, dining rooms, kitchens, and bedrooms,
but not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, and traditionally unheated areas
such as enclosed porches. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet, and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
All space relegated to use by the customer and principal
use employees to consummate the activities involved in the principal
use, thus net floor area is the space that is available for public
allocation of the principal use's services. Space measured inside
a building, from wall to wall in areas where the principal use is
open to the public, but excluding building circulations (e.g., hallways,
stairways, foyers) and service areas such as restrooms, elevators,
vent space, stairs, office space, storage space, and other general
administrative areas.
[Added by Ord. 1138, 6/17/2014]
All that space relegated to use by the customer and the retail
employee to consummate retail sales/services, and to include display
area used to indicate the variety of goods available for the customer,
but not to include office space, storage space, and other general
administrative areas.
A complete set of type of one size and face.
[Added by Ord. 1129, 6/5/2012]
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 land development.
A single- or multisided sign which is independently supported
and is not attached to a building or structure, said sign is supported
by one or more columns, poles or braces affixing the sign to the ground.
[Added by Ord. 1129, 6/5/2012]
The distance for which the front lot line and the street
line are coincident.
A business establishment which supplies automotive fuel or
the recharging of automotive power supply. Said establishment may
or may not include the sale of food, beverages and/or other similar
convenience products.
A mechanical and/or electrical pump for drawing fuel from
a storage tank.
[Added by Ord. 1129, 6/5/2012]
A building, including mortuaries, licensed by the Commonwealth
of Pennsylvania that contains a suitable storage room for the deceased
and may include embalming facilities and rooms for the display of
burial ceremonies of the deceased, but excludes crematories.
A business establishment where finished or unfinished furniture
merchandise or other similar products are displayed for retail sale.
An accessory building, that may or may not be attached or
physically connected to the principal building of a lot, for storing
vehicles operated by the occupants of the same lot and where said
building may or may not itself containing any dwelling units.
Any public garage used for temporary parking of motor vehicles
for an established fee or reservation and where said garage is not
associated with other automotive retail uses.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the mechanical and/or body
repairs of motor vehicles, retail sale of gasoline, oil, other fuels,
or accessories for motor vehicles and which may include facilities
used for polishing, greasing, or otherwise incidental cleaning or
servicing such motor vehicles.
[Added by Ord. 1129, 6/5/2012]
The Borough Council of Mechanicsburg Borough, Cumberland
County, Pennsylvania.
[Amended by Ord. 1129, 6/5/2012]
The authority having jurisdiction.
[Added by Ord. 1129, 6/5/2012]
The elevation of the center line of the streets, as officially
established by the Borough.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
[Amended by Ord. 1129, 6/5/2012]
A document intended to assist applicants in the preparation
of proposals for a traditional neighborhood development and thereafter
govern the construction of buildings, structures, and other improvements.
Part of a sign where graphics are to be placed.
[Added by Ord. 1129, 6/5/2012]
An informally shaped and landscaped open space of moderate
size surrounded by buildings.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
A business establishment generally where most of the floor
area is devoted to the full-service sale of prepackaged food products,
fresh produce, fresh meats and dairy for home preparation and consumption,
and other home care and personal care products, and where on-site
eating facilities are accessory to the established principal use.
The floor of a building nearest the mean grade of the front
of the building.
A sign supported by uprights or braces in or upon the surface
of the ground.
[Added by Ord. 1129, 6/5/2012]
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
family or school adjustment problems, or past correctional offenses,
require a minimal level of supervision but do not require medical
or nursing care or general supervision. A group care facility must
be licensed and/or approved by the Pennsylvania Department of Human
Services.
A residence offering babysitting services and childcare services
for seven to 11 children unrelated to the resident household and meeting
all applicable licensing/registration requirements of the Pennsylvania
Department of Human Services.
A business establishment with less than 30,000 square feet
of gross floor area, primarily engaged in the retail sale of various
basic hardware lines, such as tools, builders' hardware, plumbing
and electrical supplies, paint and glass, housewares and household
appliances, garden supplies, and cutlery. If greater than 30,000 square
feet, such an establishment shall constitute a lumber/construction
material enterprise.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant or air-pollution
control facility and other discarded material, including solid, liquid,
semisolid or contained gaseous material, resulting from municipal,
residential, commercial, industrial, institutional, mining, or agricultural
operations and from community activities, or any combination of these
factors, which, because of its quantity, concentration or physical,
chemical, or infectious characteristics, may:
The term "hazardous waste" shall not include coal refuse as
defined in the Coal Refuse Disposal Control Act (52 U.S.C. §§ 30.51
through 30.62). The term "hazardous waste" shall not include treatment
sludges from coal mine drainage treatment plants, disposal of which
is being carried on pursuant to and in compliance with a valid permit
issued under the Clean Streams Law (35 P.S. §§ 691.1
through 691.1001). The term "hazardous waste" shall not include solid
or dissolved material in domestic sewage, or solid dissolved materials
in irrigation return flows or industrial discharges which are point
sources subject to permits under Section 402 of the Federal Water
Pollution Control Act (33 U.S.C. § 1342) or source, special
nuclear, or by-product material as defined by the Atomic Energy Act
of 1954 (42 U.S.C. §§ 2011 through 2394).
A chemical component of a waste or chemical compound which
qualifies a waste as hazardous under Pennsylvania Department of Environmental
Protection (PA DEP) Hazardous Waste Management Regulations (HWMR)
§ 75.261 (relating to criteria, identification and listing
of hazardous waste), or which is listed as a hazardous waste or hazardous
compound in § 75.261 (relating to criteria, identification,
and listing of hazardous waste).
The release of hazardous materials into the air, onto the
ground, into any waterway, or into groundwater.
The number assigned by the Environmental Protection Agency
(EPA) or the number provided to the PA DEP by the EPA for assignment
to each generator, transporter and treatment, storage, or disposal
facility handling hazardous waste.
A hazardous waste which is unsuitable for:
Placement in a particular device or facility because it may
cause corrosion or decay of containment materials such as container
inner liners or tank walls; or
Commingling with another waste or material under uncontrolled
conditions because the commingling might produce heat or pressure,
fire or explosion, violent reaction, toxic dusts, mists, fumes, gases,
or flammable fumes or gases.
The contiguous site at or on which one or more hazardous
wastes are generated. An individual generation site, such as a large
manufacturing plant, may have one or more sources of hazardous waste
but is considered a single or individual generation site if the site
or property is contiguous.
A facility where storage, treatment, or disposal of hazardous
waste occurs.
The manifest, instructions supplied with the manifest, and
distribution system for copies of the manifest which together identify
the origin, routing, storage, or disposal under the following PA DEP
HWMR Subsections 75.262(e), 75.263(d), 75.264(j), and 75.265(j) (relating
to generators of hazardous waste, transporters of hazardous waste,
new and existing hazardous waste management facilities applying for
a permit and interim status standards for hazardous waste management
facilities and permit program for new and existing hazardous waste
management facilities).
The number assigned by the PA DEP to each hazardous waste
listed and to each hazardous waste characteristic identified in HWMR
§ 75.261 (relating to criteria, identification and listing
of hazardous waste).
A written document issued by the PA DEP under the Act, which
authorizes the recipient to undertake the treatment, storage, or disposal
of hazardous waste under the Act. The term "permit" does not include
interim status or a permit which has not yet been the subject of final
PA DEP action, such as a draft permit or a proposed permit.
The vertical distance measured from the average elevation
of the finished grade at the front of a structure to the highest point
of said structure.
[Amended by Ord. 1129, 6/5/2012]
An airport for helicopters which typically contains one or
more helipads and may have limited facilities such as fuel, lighting,
a windsock, or even hangars.
Decorations displayed for recognized holidays.
[Added by Ord. 1129, 6/5/2012]
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, nor 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:
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
or 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 business or activity administered or conducted as an accessory
use within a single-family dwelling which is clearly accessory to
the use as a residential dwelling and which involves low customer,
client or patient traffic, whether vehicular or pedestrian, and low
pickup, delivery or removal functions to or from the premises in excess
of those normally associated with residential use. Employees shall
be comprised of immediate family members and an additional two employees
unrelated to on-lot residents.
A business establishment with more than 30,000 square feet
of gross floor area, primarily engaged in the retail sale of various
basic hardware lines, such as tools, builders' hardware, plumbing
and electrical supplies, paint and glass, housewares and household
appliances, garden supplies, cutlery and construction supplies and
materials.
A structure made of piping or other material covered with
translucent plastic, constructed in a half-round or hoop shape.
A health care facility, but not including a laboratory or
clinic, that provides for the short-term care, not extending more
than one week, of patients suffering from physical or mental illnesses,
but not including narcotics addiction or those found to be criminally
insane, and which may or may not include facilities for major surgery
and which may be publicly or privately operated.
A business establishment inclusive of a building or portion
thereof designed or used for transient rental for sleeping purposes.
All room access is through interior hallways or courtyards. Individual
rooms may contain kitchens and dining rooms. Accessory shops and services
catering to the general public can be provided. The structure may
include a restaurant as an accessory use. Kitchens not located in
rented rooms shall not be accessible to occupants. Supervision is
provided in shifts by on-site management.
The purpose for which a building or portion thereof is utilized
or occupied by humans.
[Added by Ord. 1129, 6/5/2012]
A sign or nameplate, indicating the name of noncommercial
buildings or occupants thereof, or describing the use of such buildings.
[Added by Ord. 1129, 6/5/2012]
The luminous flux per unit area on an intercepting surface
at any given point.
[Added by Ord. 1129, 6/5/2012]
A condition which could cause injury or death at any time.
[Added by Ord. 1129, 6/5/2012]
See definition for "immediate danger."
[Added by Ord. 1129, 6/5/2012]
Unless otherwise defined by Chapter 26, Water, of the Mechanicsburg Borough Code, any substance placed on a lot which covers the surface in such fashion as to prevent natural absorption of surface water by the earth so covered. The following items shall be deemed to be impervious material: buildings, concrete, brick or paved sidewalks, paved driveways, access drives and parking areas and other nonporous structures or materials.
A portion of a lot graded for proper drainage and improved
with an impervious material or other approved alternative material
or design as part of a readily accepted stormwater BMP, for activities
such as a driveway, parking, loading, and vehicle stacking; vehicle
display or storage; and other similar improvements associated with
motor vehicles; and also including, but not limited to, pedestrian
pathways, refuse collection station; outside display; outside storage;
and outside dining.
[Added by Ord. 1138, 6/17/2014]
Those physical additions, installations, and changes required
to render land suitable for the use intended, including but not limited
to grading, swales, detention/retention basins, paving, curbing, streetlights
and street signs, fire hydrants, water mains, electric service, gas
service, sanitary sewers, storm drains, sidewalks, crosswalks, driveways,
culverts, and street shade trees.
Following or accompanying as a consequence.
[Added by Ord. 1129, 6/5/2012]
An enclosed building or structure that utilizes equipment
to control the combustion and thermal degradation of solid waste material
and that is subject as such to the regulations of the Pennsylvania
Department of Environmental Protection.
A type of recreational use that is used principally for indoor
active or passive recreation, such as a bowling alley, roller skating,
ice skating, commercial batting practice use, and similar uses.
The manufacturing, compounding, processing, assembly or treatment
of materials, articles, or merchandise, excluding catering, bakery
or similar operations.
Development of vacant or remnant lands passed over by previous
development in urban areas.
A means and/or place of entering.
[Added by Ord. 1129, 6/5/2012]
Any for-profit or not-for-profit establishment that engages
in the boarding, breeding, raising, grooming, or training of two or
more dogs, cats or other domestic pets of any age not owned by the
owner or occupant of the premises.
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 or 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.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code.[5]
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 conditions), 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.
An individual licensed and registered under the laws of the
Commonwealth of Pennsylvania to engage in the practice of landscape
architecture.
The distinct association of landforms that can be seen in
a single view, including the arrangement of plants and decorative
landscape materials.
[Added by Ord. 1129, 6/5/2012]
A narrow vehicular service way providing access to the rear
of lots and easements for utilities. It is similar to an alley but
more rural in character.
A building or structure utilized for the storage and sharing
of books, media and information with the general public and may or
may not include areas for public meeting and the like.
A health care facility for the transitional residency of
elderly and/or disabled persons, progressing from independent living
in single-family, assisted living, personal care, nursing home to
hospice care units to congregate living where residents may or may
not share common meals and culminating in a full health and continuing
care nursing home facility.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated.
An off-street area, on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials.
A graphic representation or a symbol of a corporation, company,
or organization name, trademark or abbreviation.
[Added by Ord. 1129, 6/5/2012]
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 as a unit.
A lot which is directly adjoining to and on the same side
of a street right-of-way as a subject lot.
The area contained within the property lines of a lot as
shown on a subdivision plan or deed, excluding space within any rights-of-way,
but including the area of any easement.
A lot at the junction of and adjoining on two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135° or the radius of the street
line is less than 10 feet. A corner lot shall have two front yards,
each of which shall abut a public right-of-way not inclusive of an
alley.
The average horizontal distance between the front and rear
lot lines.
A lot other than a corner lot.
The line between and separating designated parcels, tracts,
or areas of land established by a plat or otherwise as permitted by
law.
[Added by Ord. 1129, 6/5/2012]
The lines bounding a lot as defined herein.
A lot which has been properly recorded in the office of the
Recorder of Deeds of Cumberland County, Pennsylvania.
A lot on which development, infill, replacement and/or redevelopment
is identified to occur.
The horizontal distance between the side lines of a lot,
measured at right angles to its depth along a straight line parallel
to the front facade of the principal building on the lot line at the
minimum required building setback line.
A business establishment specializing in either the retail
and/or wholesale sale of building supplies and construction materials
where such supplies and/or materials are typically used in assembly
off site.
The manufacture or compounding process of raw materials.
These activities may involve outdoor operations as part of their manufacturing
process.
The manufacture, predominantly from previously prepared materials,
of finished products or parts, including processing, fabrication,
assembly, treatment and packaging of such products and incidental
storage, sales, and distribution of such products, but excluding heavy
industrial processing and manufacturing.
An area of land managed and maintained, other than for agriculture,
by an individual or group of individuals to grow and harvest food
crops and/or nonfood, ornamental crops, such as flowers, to be sold
for profit. Upon all applicable Borough permits being issued to the
lot owner, retail sales of said crops shall be permitted to occur
on the lot where said market garden exists.
Any method of pressure on or friction against, or stroking,
kneading, rubbing, tapping, pounding, vibrating, or stimulating of,
the external parts of the human body with the hands or with the aid
of any mechanical/electrical apparatus or appliances, with or without
such supplementary aids as rubbing alcohol, liniments, antiseptics,
oils, powder, creams, lotions, ointment, or other such similar preparations
commonly used in the practice of massage, under such circumstances
that it is reasonably expected that the person to whom the treatment
is provided or some third person on his or her behalf will pay money
or give any other consideration or any gratuity therefor, and where
said methods are not for sexual gratification and/or sexual conduct.
The individual administering said massage shall be certified as set
forth in the definition of "message therapy establishment."
Any business establishment or part thereof where massage
services are provided by a person having graduated from a massage
therapy training program approved by the authorizing board within
the Commonwealth of Pennsylvania, or an equivalent agency if trained
in another state; by a person certified through a massage therapy
certification examination approved by the National Commission for
Certifying Agencies; by a person certified through the National Certification
Board for Therapeutic Massage and Bodywork; or by a practitioner or
member of either of the American Massage Therapy Association (AMTA),
Associated Bodywork and Massage Professionals (ABMP), or International
Massage Association (IMA). Said massage therapy establishment shall
not contain any activity which could be defined as part of an adult
facility.
A narrow, often landscaped space between travel lanes, which
gives refuge to pedestrians crossing a street and calms traffic.
A building or structure where two or more licensed medical
professionals provide diagnostic health, medical, dental, surgical
and/or psychiatric services and/or treatment diagnosis and treatment
to the general public without overnight accommodation, and may include
uses such as reception areas, waiting areas, consultation rooms, X-ray
and minor operating rooms and a dispensary, provided that all such
uses shall have access only from the interior of the building or structure,
and provided further that any facility for methadone treatment or
other narcotic treatment programs approved by the Pennsylvania Department
of Health shall be considered a medical clinic use.
A facility for medical/dental research, investigation, testing
or experimentation, but not facilities for direct public sale of products.
A sign only permitted in nonresidential and mixed-use zoning
districts.
[Added by Ord. 1129, 6/5/2012]
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
A sign permitted for all land uses and within all zoning
districts.
[Added by Ord. 1129, 6/5/2012]
Occupancy of a building or land for more than one type of
use.
[Amended by Ord. 1129, 6/5/2012]
A parcel or contiguous parcels of land which have been so
designated and improved for the placement thereon of a mobile home
within a mobile home park.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for the placement thereon of mobile homes.
An antenna support structure consisting of a single pole
or spire constructed without guy wires or ground anchors.
A business establishment specializing in the sale of monuments.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping units with separate exterior
entrances, open year-round and designed for temporary occupancy, primarily
for transient automobile travelers. Structures shall provide for accessory
off-street parking areas. Supervision is provided in shifts by twenty-four-hour
on-site management.
A single building used by more than one family living independently
of each other and doing their own cooking, including apartment houses,
wherein each dwelling unit or apartment shall contain its own private
kitchen and bathing facilities or an attached building within a traditional
neighborhood development (TND) plan where each attached building is
used for one family and where said attached building is having at
least one party wall in common with another attached building.
[Added by Ord. 1138, 6/17/2014]
The Borough of Mechanicsburg, Pennsylvania.
Any building, structure or use of land by a Borough, a municipal-related use or a municipal authority/commission created by the Borough Council. These uses shall include an administrative facility, firehouse and/or emergency medical services. See also § 27-105.
A business establishment or institution for the purpose of
creating, acquiring, studying, interpreting, exhibiting, or selling
items, or collections of historic, pictorial or sculptural objects,
to the public for its instruction and enjoyment; a collection of historic,
pictorial or sculptural objects.
A naturally occurring object, not man-made.
[Added by Ord. 1129, 6/5/2012]
A lot, structure, building or use which does not comply with
the applicable provisions in this chapter or amendment heretofore
or hereafter enacted, where such lot, structure, building or use was
lawfully in existence prior to the enactment of this chapter or amendment,
or prior to the application of this chapter or amendment to its location
by reason of annexation.
A sign which does not comply with the applicable provisions
in this chapter or amendment heretofore or hereafter enacted, where
such sign was lawfully in existence prior to the enactment of this
chapter or amendment, or prior to the application of this chapter
or amendment to its location by reason of annexation.
[Added by Ord. 1129, 6/5/2012]
A district comprised of mostly commercial properties; includes
all buildings, lots, and surface areas within the district.
[Added by Ord. 1129, 6/5/2012]
Any literature, book, magazine, pamphlet, newspaper, story
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument, or any other
written or visual media or printed matter which depicts or describes
in a patently offensive manner sexual conduct, sexual excitement or
sadomasochistic abuse or (in the case of articles or instruments)
is designed or intended for use in achieving artificial sexual stimulation;
and taken as a whole, appeals to the prurient interest; and taken
as a whole, does not have serious literary, artistic, political or
scientific value.
Any wall, dam, wharf, embankment, levee, dike, pike abutment,
projection, excavation, channel, rectification, culvert, building,
fence, stockpile, refuse, fill, structure, or matter in, along, across,
or projecting into any channel, watercourse, or flood-prone area,
which may impede or change the direction of the flow of water either
in itself by catching or collecting debris carried by such water,
or which is placed where the flow of water might carry the same downstream
to the damage of life and a lot.
A certificate issued, after the issuance of an approved building
and/or zoning permit, by the Building Code Official and/or the Zoning
Officer that the construction for which the permit applies may be
occupied.
[Amended by Ord. 1129, 6/5/2012]
A building designed or used primarily for medical and/or
professional office purposes.
An office use generating more than 50 average daily trips
(ADTs) based upon the Institute of Traffic Engineers.
PROFESSIONAL OFFICEAn office which generally serves clients and operates on an appointment basis, including offices of accountants, architects, attorneys, consultants, designers, engineers, insurance agents, realtors, and the like.
MEDICALA building or a series of buildings or rooms where one or more licensed medical professionals provide diagnosis and treatment to the general public without overnight observation or accommodations. A medical office may include such uses as reception areas, offices, examination rooms and X-ray rooms, provided that all such uses have access only from the interior of the building. A medical office shall not include a pharmacy or surgical suites.
LOW-INTENSITY MEDICAL OFFICESuch facility that contains a total of four or fewer examination rooms (not including laboratories and/or X-ray rooms).
HIGH-INTENSITY MEDICAL OFFICESuch facility that contains more than four examination rooms (not including laboratories and/or X-ray rooms).
An office use generating 50 or fewer average daily trips
(ADTs) based upon the Institute of Traffic Engineers.
PROFESSIONAL OFFICEAn office which generally serves clients and operates on an appointment basis, with relatively low pedestrian or vehicular traffic, including offices of accountants, architects, attorneys, consultants, designers, engineers, insurance agents, realtors, and the like.
MEDICALA building or a series of buildings or rooms where one or more licensed medical professionals provide diagnosis and treatment to the general public without overnight observation or accommodations. A medical office may include such uses as reception areas, offices, examination rooms and X-ray rooms, provided that all such uses have access only from the interior of the building. A medical office shall not include a pharmacy or surgical suites.
LOW-INTENSITY MEDICAL OFFICESuch facility that contains a total of four or fewer examination rooms (not including laboratories and/or X-ray rooms).
HIGH-INTENSITY MEDICAL OFFICESuch facility that contains more than four examination rooms (not including laboratories and/or X-ray rooms).
Any sign, signal, marking or device placed, operated or erected
by the authority having jurisdiction for the purpose of guiding, directing,
warning or regulating traffic.
[Added by Ord. 1129, 6/5/2012]
A sign, including billboards, intended for the displaying
or visual communication of information inviting attention to any product,
business, service or cause not located on or related to the lot on
which the sign is situated. Public murals shall not be considered
off-premises advertising signs.
[Added by Ord. 1129, 6/5/2012]
A temporary event/display sign placed in any other location
than the location where the event/display is to take place.
[Added by Ord. 1129, 6/5/2012]
An area wholly outside any public right-of-way, constructed
to accommodate the storage of vehicles as required by this chapter
and connected to a public street by a driveway or access drive.
[Added by Ord. 1129, 6/5/2012]
Not transparent or translucent; impenetrable to light; not
allowing light to pass through.
[Amended by Ord. 1129, 6/5/2012]
The unoccupied space open to the sky on the same lot with
the building, not including parking lots.
An accessory structure, usually located at the rear of a
lot behind the principal structure, providing space for off-street
parking, home workshop, storage, home office, or apartment.
A dining area with seats and/or tables located outdoors of
a restaurant, coffee shop, or other food service establishment and
which is contiguous to said establishment restaurant.
The location of any goods, wares, merchandise, commodities,
junk, debris, or any other item outside of a completely enclosed building
for a continuous period longer than 24 hours.
[Added by Ord. 1129, 6/5/2012]
The location of any goods, wares, merchandise, commodities
or any other item not being displayed for sale outside of a building
for a continuous period longer than 24 hours. Said storage excludes
items that are accessory to an individual residential dwelling and
are not associated with a business operation or enterprise.
[Amended by Ord. 1138, 6/17/2014]
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the property; or recorded in the official
records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
[Added by Ord. 1129, 6/5/2012]
A piece of material with a message placed upon it.
[Added by Ord. 1129, 6/5/2012]
A large open space used for recreation. It may include trails
and paths, open lawns, recreation fields, and trees.
LOTAny public or private lot, including parking aisles that provide access to the parking spaces, but excluding any streets, driveways or access drives that provide access to the parking lot.
STRUCTUREA building of two or more stories used for the temporary parking of automobiles with various owners.
The space located in a dedicated street right-of-way or within
a building, or on a lot or parking lot, for the parking or storage
of one automobile.
An area, wholly outside any public right-of-way, constructed
to accommodate the storage of vehicles as required by this chapter
and connected to a public street by a driveway or access drive.
A storage space for an automobile that is located within
the street right-of-way and typically offers either parallel or angled
parking to the curb.
A lot or portion of land specifically defined or set aside
for use by and for the general public in both active or passive recreational
uses; and includes all landscaping, facilities and apparatus, playing
fields, utilities, buildings and other structures that are consistent
with the general purposes of public parkland, whether or not such
recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning
the park.
A common wall between two attached structures, buildings
or dwelling units.
A pedestrian connector passing between buildings. They provide
shortcuts through long blocks and connect rear parking with street
frontage. They may be roofed and lined with shops.
A pedestrianway traversing a park or countryside and connected
to the urban sidewalk system.
A banner or flag, usually triangular in shape.
[Added by Ord. 1129, 6/5/2012]
Any freestanding, off-premises, advertising, projecting,
roof, service or wall sign or any other sign that is intended to be
constructed for a use and is intended to remain for as long as such
use is in existence.
[Added by Ord. 1129, 6/5/2012]
An individual(s), partnership(s), copartnership(s), association(s),
corporation(s), limited liability company(ies), limited liability
partnership(s), and any and all other entities.
A business establishment or place of business primarily engaged
in the provision of frequent or recurrent needed services of a personal
nature. Typical uses include but are not limited to beauty and barber
shops, pet groomers, shoe repair shops, and tailor shops.
A printed or written notice for public display.
[Added by Ord. 1129, 6/5/2012]
A building and/or lot that is designed for the assembly or
collection of persons, for civic, political, religious, educational,
or social purposes, and where recreation, amusement, or dining may
occur as accessory activities. A place of assembly does not include
a social club.
A building and/or lot where people regularly observe, practice,
or participate in religious or spiritual services, meetings and/or
activities.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended.[7]
The Mechanicsburg Borough Planning and Zoning Commission,
appointed by the Borough Council in accordance with the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[8]
The Borough Engineer, Zoning Officer or other personnel designated
by the Borough Manager or Borough Council.
An open, civic space, similar to a square but paved with
cobble, block, brick or other material, rather than planted with a
ground cover, and surrounded by buildings.
An outdoor sign of a temporary nature, erected for the purpose
of soliciting votes or support for or in opposition to any political
party under whose designation any candidate is seeking nomination
or election or any public question on the ballot in an election held
under the laws of the state.
[Added by Ord. 1129, 6/5/2012]
A roofed structure projecting from the front, side, and/or
rear wall of a building where said structure is generally intended
for the entrance and/or transition between the exterior and interior
of the principal structure of the lot.
A sign not permanently attached to any surface, used to advertise a product, business, organization or any other event or purpose. [See § 27-507I(2)(a).]
[Added by Ord. 1129, 6/5/2012]
A bill or placard for posting.
[Added by Ord. 1129, 6/5/2012]
An outdoor structure having a standardized size surface on
which advertising posters may be posted.
[Added by Ord. 1129, 6/5/2012]
A business that provides washing, drying and/or ironing services
and/or provides washing, drying and/or ironing machines for hire to
be used by customers on the premises.
Not publicly owned, operated, or controlled.
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 as a unit and not owned, operated or controlled by a government
or authorized entity.
[Added by Ord. 1129, 6/5/2012]
First, highest, or foremost in importance, rank, worth or
degree.
[Added by Ord. 1129, 6/5/2012]
The structure in which the lot's principal use is conducted.
[Added by Ord. 1129, 6/5/2012]
The primary or predominant use of any lot.
[Added by Ord. 1129, 6/5/2012]
The practice of a profession by any professional, including
but not limited to attorneys, accountants, actuaries, financial planners,
insurance agents, medical occupations, engineers, surveyors, architects,
landscape architects, planners or similar types, etc., entitled to
practice under the laws of the Commonwealth of Pennsylvania.
The center line of the finished surface of the street, which
shall be midway between the right-of-way lines of the street.
A one- or two-sided sign, erected or displayed perpendicular
or otherwise attached to the wall of a building and projecting not
more than 12 inches from the wall.
[Added by Ord. 1129, 6/5/2012]
Owned, operated or controlled by a government or authorized
entity (federal, state, or local, including a school, corporation
and/or board created by law for the performance of certain specialized
governmental functions).
Any authority or similar organization that performs an essential
government function.
[Added by Ord. 1129, 6/5/2012]
Includes the following:
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 in accordance with the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[9]
A designated parcel, tract or area of land owned, operated
or controlled by a government or authorized entity (federal, state,
or local, including school, corporation and/or board created by law
for the performance of certain specialized governmental functions).
[Added by Ord. 1129, 6/5/2012]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," as amended.[10]
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 30 days and the second publication shall not
be less than seven days from the date of the hearing.
See "right-of-way" definition.
[Added by Ord. 1129, 6/5/2012]
A single building designed for or occupied exclusively as
residences, where the structure is divided by two intersecting common
permanent party walls into four distinct dwelling units, where each
dwelling unit has direct access to the outdoors.
A sign relating to the property upon which it is located,
offering such property for sale or lease, announcing improvements
or changes in connection therewith, warnings or other similar notices
concerning such property.
[Added by Ord. 1129, 6/5/2012]
Any public establishment owned, operated or controlled by
a government or authorized entity (federal, state, or local, including
a school, corporation and/or board created by law for the performance
of certain specialized governmental functions), that services as a
collection point for the temporary storage of refuse items, such as
bottles, cans, and newspapers, from which resources are recovered
at another location.
The act of improving by renewing and restoring; the act or
process of rehabilitating or rejuvenating a blighted area or accommodating
new development within the context of existing streets and buildings.
A business establishment that specializes in the repair of
various household items, such as vacuums, sewing machines, etc., with
the exclusion of any automotive-oriented repairs.
The act of remodeling or reusing an existing building or
structure.
A building or group of buildings, including incubator facilities,
but not medical laboratories, used primarily for applied and developmental
research, where product testing may be an integral part of the operation
and goods or products may be manufactured solely when necessary for
testing, evaluation, and test marketing. This usage excludes the use
of toxic, biological, corrosive, flammable, carcinogenic, or explosive
materials, chemicals, liquids, gases, or solids.
Structures which contain both residential and commercial
uses.
A use which is strictly residential in nature.
[Added by Ord. 1129, 6/5/2012]
See "wind energy conversion system."
A district primarily comprised of residential dwellings,
includes all buildings, lots, and surface areas within such district.
[Added by Ord. 1129, 6/5/2012]
The person or persons, either as individuals or representatives
of the entity, responsible for the subject matter.
[Added by Ord. 1129, 6/5/2012]
A business establishment whose primary business is serving
food to the public for consumption on or off the premises by order
from and service to motor vehicle passengers outside the structure.
A business establishment where food and beverages are prepared,
served and consumed primarily within the principal building, but shall
not include the taking or filling of orders to customers in motor
vehicles.
A strip of land acquired by grant, reservation, dedication,
prescription or condemnation and intended to be occupied or occupied
by a street, alley, lane or the like, interior walk, crosswalk, railroad,
electric transmission lines, oil or gas pipeline, waterline, sanitary
or storm sewer and other similar uses; generally, the right of one
to pass over, under or through the property of another.
An area of land containing or reserved for a public or private
thoroughfare for vehicular traffic and/or pedestrian traffic, whether
designated as a street, highway, thoroughfare, parkway, road, avenue,
boulevard, lane, alley, or however designated.
See "cartway."
A sign mounted on, and supported by, the main roof portion
of a building or above the uppermost edge of a parapet wall of a building
and which is entirely or partly supported by such building.
[Added by Ord. 1129, 6/5/2012]
A building where, for compensation and by prearrangement,
typically for a week or more at a time, lodging, with or without meals,
is provided for three or more unrelated people who require no services
beyond food or lodging, where no cooking facilities are provided in
individual rooms, but not to include hotels, motels or bed-and-breakfasts.
A passage through a building, allowing for auto access from
the front to the rear of a building, over which the upper stories
continue across.
A place of instruction operated by a public, private, nonprofit
or religious organization, having regular sessions with regularly
employed instructors, and meeting all of the requirements of the Pennsylvania
Department of Education for providing primary, secondary, postsecondary,
undergraduate and/or graduate collegiate education. This definition
shall not include privately operated, for-profit trade, vocation,
avocation or business schools.
A specialized instructional establishment that provides on-site
training of skill, technique and/or appreciation of arts and/or culture.
Said business shall not be constituted as an adult facility.
A specialized instructional establishment that provides on-site
training of business, commercial, and/or trade skills such as accounting,
data processing, computer repair, vocational trades and/or equipment
usage.
To inhibit view of/from.
A fence and/or vegetative material of sufficient height and
density to conceal from the view of others on an adjoining lot.
[Added by Ord. 1129, 6/5/2012]
A vegetative material of sufficient height and density to
conceal from the view of others on an adjoining lot.
Outdoor retail sales of produce, grains, fruits or other
agricultural products, including meat, fish and dairy products, from
outdoor stands/tents situated on property other than public rights-of-way.
Other activities and other sellers may be accommodated at said market,
but the sale of agricultural products shall be the focal point of
the market activity. Other products that may be sold would typically
include (among others) flowers, crafts and handicrafts that are made
in the home, original artwork and certain prepared foods such as baked
goods, confectionery, preserves, canned goods and cheese.
The process by which mineral or organic matter is accumulated
or deposited by moving wind, water or gravity. Once this matter is
deposited (or remains suspended in water), it is usually referred
to as "sediment."
A minimum distance from the property line to where a structure
may be built.
[Added by Ord. 1129, 6/5/2012]
Ultimate sexual acts, normal or perverted, actual or simulated,
involving a person or persons, or a person or persons and an animal,
including acts of masturbation, sexual intercourse, fellatio, cunnilingus,
anilingus or physical contact with a person's nude or partially
denuded genitals, pubic area, perineum, anal region, or, if such person
is female, a breast.
A sexually oriented and explicit showing or exhibition, by
any means or manner, which presents or exposes to the viewer the following
anatomical areas: the human genitals, pubic area, perineum, buttocks
or anal region, with less than a fully opaque covering; the covered
human male genitals in a discernibly turgid state; or the postpubertal,
full or partially developed human female breast with less than fully
opaque covering of a portion thereof below the top of the areola nipple.
A paved walkway along a street, part of the public right-of-way,
and utilized for pedestrian traffic.
[Added by Ord. 1129, 6/5/2012]
The length of street visible to the driver of a passenger
vehicle at any given point on the street when the view is unobstructed
by traffic.
Any letter, word, model, banner, flag, device, structure,
matter, representation or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public.
[Amended by Ord. 1129, 6/5/2012]
The allowable size of signage regulated in this chapter.
[Added by Ord. 1129, 6/5/2012]
The total area of the sign.
[Added by Ord. 1129, 6/5/2012]
A sign which directs attention to a use conducted, product
or commodities sold or service performed upon the premises.
Any structure used to hold sign facing.
[Added by Ord. 1129, 6/5/2012]
The content of a sign.
[Added by Ord. 1129, 6/5/2012]
The measured area where proposed graphics, logos and fonts
are to be placed.
[Added by Ord. 1129, 6/5/2012]
A sign utilizing a flexible substance, attached to a pole
or staff on one end, on which copy, words or graphics may be displayed.
A single- or multisided sign which is independently supported
and is not attached to a building or structure.
A sign or nameplate, indicating the name of noncommercial
buildings or occupants thereof or describing the use of such buildings.
A sign, including billboards, intended for the displaying
or visual communication of information inviting attention to any product,
business, service or cause not located on or related to the lot on
which the sign is situated. Public murals shall not be considered
off-premises advertising signs.
Any person, agent, operator, firm or corporation having a
legal or equitable interest in the sign; or recorded in the official
records of the state, county or municipality as holding title to the
sign; or otherwise having control of the sign, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
[Added by Ord. 1129, 6/5/2012]
The area of a sign used to display the sign copy.
[Added by Ord. 1129, 6/5/2012]
A one- or two-sided sign, erected or displayed perpendicular
or otherwise attached to the wall of a building, and projecting more
than 12 inches from the wall.
A sign relating to the property upon which it is located,
offering such property for sale or lease, announcing improvements
or changes in connection therewith, warnings, or other similar notices
concerning such property.
Any device or structure erected for advertising or identification
purposes upon or above the roof of any building or structure or part
thereof.
A sign which is incidental to a use lawfully occupying the
property upon which the sign is located, which sign is necessary to
provide information to the public such as direction to parking lots,
location of rest rooms, or other such pertinent information.
A temporary sign, including for temporary events or display,
shall be construed to mean any sign, banner or other material carrying
an advertisement, announcement, purpose of attention or notification
(with or without text), which is displayed or intended to be displayed
for a period not exceeding ordinance requirements.
Type of sign describes the type (ground, projecting, etc.),
and the duration that the sign is to be erected (permanent, temporary,
etc.).
[Added by Ord. 1129, 6/5/2012]
A sign painted on or affixed to and paralleling the outside
wall of a building and extending not more than 12 inches from such
wall.
A series of three or more semidetached and/or attached buildings
arranged in a side-by-side configuration with each building containing
only one dwelling unit with each said dwelling unit having an individual
entrance.
[Added by Ord. 1138, 6/17/2014]
One building containing one dwelling unit used by one family
and having one common party wall adjoining another unit of the same
type where said each building is located on its own lot having one
side yard, except in the case of a corner lot where two front yards
are required.
[Added by Ord. 1138, 6/17/2014]
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as accurately depicting the use, location, and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-way, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, architectural characteristics and materials and other
such data necessary for municipal officials to determine compliance
with this chapter and appropriate provisions of other such ordinances,
as they may apply.
A public or nonprofit organization providing one or more
social services for an individual or family, including counseling,
referral, temporary or disaster relief, welfare service or similar
human support services.
A property owner's right to have the sunlight shine
on his land.
The space between a given location and the sun, which must
remain unobstructed between 9:00 a.m. and 3:00 p.m., mean solar time,
on the date of the winter solstice in order to permit sufficient solar
energy to impinge on the location to allow efficient solar utilization.
A right, expressed as an easement, covenant or condition
or other property interest in any deed or other instrument executed
by or on behalf of any landlord, which protects the solar skyspace
of an actual, proposed or designated solar energy collector at a described
location by forbidding or limiting activities or land uses that interfere
with access to solar energy.
A public open space, public and formal, no larger than a
typical block, and located at the intersection of streets.
The Commonwealth of Pennsylvania, United States of America.
[Added by Ord. 1129, 6/5/2012]
A commercial or business establishment containing 10,000
square feet or more of interior space which is engaged in selling
goods or merchandise to the general public for personal or household
consumption and rendering services incidental to the sale of such
goods.
A commercial or business establishment containing less than
10,000 square feet of interior space which is engaged in selling goods
or merchandise to the general public for personal or household consumption
and rendering services incidental to the sale of such goods.
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gabled, hipped, or gambreled roof, the wall
plates of which on at least two opposite exterior walls are not over
three feet above the finished floor of such story.
A strip of land, including the entire right-of-way, intended
primarily as a means of vehicular and pedestrian travel, which may
also be used to provide space for sewers, public utilities, shade
trees, and sidewalks. Streets may be classified as a public street
offered or required to be offered for dedication or a private street
or streets not offered or not required to be offered for dedication.
COLLECTORA street or highway which carries traffic from minor streets to major streets, including the principal entrance streets of a residential development and streets for circulation within such development.
CUL-DE-SACA local street intersecting another street at one end and terminating in the form of a loop at the other end or a dead-end street provided with a terminus in the form of a loop.
MINORA street used primarily for local access and to service abutting properties.
MAJORStreets serving large volumes of comparatively long-distance traffic at high speed and intended primarily for intercity and commuter traffic, and includes facilities classified as main and secondary highways by the Pennsylvania Department of Transportation.
The officially established grade of the street upon which
a lot fronts or, in its absence, the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The dividing line between the street and the lot, also known
as the "right-of-way line."
The distance between street right-of-way lines measured at
right angles to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure without any foundation or footings and which
is to be removed when the designated time period, activity, or use
for which the temporary structure was erected has ceased.
A building or portion of a building used as a place of work
by an artist, photographer, or artisan or used for radio or television
broadcasting.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels, or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or residential
dwelling, shall be exempted.
A water-filled enclosure, permanently constructed or portable,
used and maintained for swimming and bathing.
A business providing tattoo and/or piercing services and
licensed to operate as such by applicable entities.
A business establishment where the principal use is the serving
of alcoholic beverages by the drink to the general public and where
food or packaged beverages may be served or sold as an accessory use.
A temporary sign, including temporary events or displays,
shall be construed to mean any sign, banner or other material carrying
an advertisement, announcement, purpose of attention or notification
(with or without text), which is displayed or intended to be displayed
for a period not exceeding ordinance requirements.
[Added by Ord. 1129, 6/5/2012]
A temporary sign, including events or displays, shall be
construed to mean any sign, banner or other material carrying an advertisement,
announcement, purpose of attention or notification (with or without
text), which is displayed or intended to be displayed for a period
not exceeding ordinance requirements and does not have a source of
light.
[Added by Ord. 1129, 6/5/2012]
A sign not permanently affixed to a surface (ground, etc.),
including for temporary event or display, shall be construed to mean
any sign, banner or other material carrying an advertisement, announcement,
purpose of attention or notification (with or without text), which
is displayed or intended to be displayed for a period not exceeding
ordinance requirements.
[Added by Ord. 1129, 6/5/2012]
A person, corporation, partnership or group, whether or not
the legal owner of record, occupying a building or portion thereof
as a unit.
[Added by Ord. 1129, 6/5/2012]
The visual closure of a thoroughfare, either by a T- or Y-intersection,
or by the deflection of the thoroughfare.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
This term shall not refer to a place of assembly.
A specified or limited area of land.
[Added by Ord. 1129, 6/5/2012]
A way designed for and used by pedestrians, cyclists, equestrians
and designated motorized vehicles.
That part of a public street not covered by a sidewalk or
other paving, lying between the property line and that portion of
the street usually used for vehicular traffic; typically known as
the "grassy" or "planting" strip located between the curb and sidewalk.
The tree lawn shall also be planted with trees, shrubbery and turf
grass.
Any of various grasses grown to form turf.
[Added by Ord. 1129, 6/5/2012]
Any lot or land in parcels which has not been graded or in
any other manner prepared for the construction of a structure.
The offering of telecommunication services using duly authorized
devices which do not require individual licenses, but does not mean
the provision of direct exchange satellite services.
The specific purpose for which land or a building is designated,
arranged, intended, or for which it is or may be occupied or maintained.
See "accessory use."
Any use allowed in a zoning district and subject to the regulations
applicable to that zoning district.
The primary or predominant use of any lot.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
A facility operated for the general public, for distributing
water, gas, electricity, oil or steam, or collecting sanitary sewage,
by means of a network of overhead or underground conduits and requiring
at various locations, to maintain efficiency of the system, pumping,
regulating, transformer, switching or other devices or structures,
but not including business offices.
Relief granted by the Zoning Hearing Board from technical
requirements of this chapter which, if strictly adhered to, would
inflict unnecessary hardship upon the applicant. Procedures and criteria
for granting such relief shall comply with the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[11]
The plants of an area or a region; plant life.
[Added by Ord. 1129, 6/5/2012]
Such cover shall consist of trees, shrubs, flowers, grass,
or similar natural cover.
The quality or state of being visible.
[Added by Ord. 1129, 6/5/2012]
Any surface used and intended for use as a walking surface.
[Added by Ord. 1129, 6/5/2012]
A sign painted on or affixed to and paralleling the outside
wall of a building and extending not more than 18 inches from such
wall.
[Added by Ord. 1129, 6/5/2012]
A building used primarily for the storage of goods and materials
awaiting sale on another lot or location. Incidental sales may occur
on the lot.
Adjusted to reflect value or proportion.
[Added by Ord. 1129, 6/5/2012]
Any sign in which wheels are permanently affixed.
[Added by Ord. 1129, 6/5/2012]
A device which converts wind energy to mechanical or electrical
energy.
A sign placed on the interior or exterior of a window and
that is provided with or brightened with light.
[Added by Ord. 1129, 6/5/2012]
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is used generally on a pole or tower and, along with other generating
and electrical storage equipment, forms a wind energy conversion system.
An unoccupied space outside the required setback lines, open
to the sky, on the same lot with a building or structure.
An open, unoccupied space on the same lot with a structure,
extending the full width of the lot and situated between the street
line and the structure setback line projected to the side lines of
the lot. The depth of the front yard shall be measured between the
front building setback line and the street line.
An open, unoccupied space located between a structure and
the rear lot line upon which the building is located, as prescribed
by the provisions of this chapter.
An open, unoccupied space on the same lot with a structure
and situated between the structure and the side line of the lot and
extending from the front yard to the rear yard. Any lot line not a
rear line or a front line shall be deemed a side line.
A district includes all buildings, lots, and surface areas
within certain designated boundaries as indicated on the Mechanicsburg
Borough Zoning Map.
[Added by Ord. 1129, 6/5/2012]
The Mechanicsburg Zoning Hearing Board appointed by the Borough
Council in accordance with the Pennsylvania Municipalities Planning
Code, Act 247, as amended.[12]
The map setting forth the boundaries of the zoning districts
of the Borough, which shall be part of this chapter.
The duly constituted Borough official designated to administer
and enforce this chapter. The Zoning Officer shall administer this
chapter in accordance with its literal terms.
An official document or certificate issued by the authority
having jurisdiction that authorizes performance of a zoning activity.
[Added by Ord. 1129, 6/5/2012]
An official document utilized to request a zoning permit.
[Added by Ord. 1129, 6/5/2012]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 10301 et seq.
[3]
Editor's Note: The former definition of "cottage industry,"
which immediately followed this definition, was repealed by Ord. 1138,
6/17/2014.
[4]
Editor's Note: "This ordinance" refers to Ord. 1129,
adopted 6/5/2012.
[5]
Editor's Note: See 53 P.S. § 10503(1.1).
[6]
Editor's Note: The former definition of "live-work unit,"
which followed this definition, was repealed by Ord. 1131, 12/18/2012,
§1.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. § 10101 et seq.
[10]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[11]
Editor's Note: See 53 P.S. § 10101 et seq.
[12]
Editor's Note: See 53 P.S. § 10101 et seq.
