Words and phrases shall be presumed to be used in their ordinary
context unless such word or phrase is defined or interpreted differently
within this article.
Unless otherwise expressly stated, the succeeding shall, for
the purposes of this chapter, be interpreted in the following manner:
A.
Words used in the present tense imply the future tense;
B.
Words used in the singular imply the plural;
C.
The word "person" includes a partnership, corporation or other legal
entity as well as an individual;
D.
The words "shall," "required," or "must" are to be interpreted as
mandatory, the word "may" as directory and complied with unless waived.
For the purposes of this chapter, the following words and phrases
have the meaning given herein:
A private minor vehicular right-of-way, other than a street,
providing access from a street to a property or parking area within
a lot. For the purposes of this chapter, access drives shall be required
for all commercial, industrial, and multifamily uses.
An accessory dwelling unit (ADU) is a dwelling unit added
to, or created within, a single-family dwelling that provides basic
requirements for living, sleeping, eating, cooking and sanitation.
Accessory units may not be subdivided or otherwise segregated in ownership
from the primary structure. ADUs may not be occupied by anyone other
than a person related by blood, marriage or adoption to the owner(s)
of the primary residence, or persons providing care to the owner(s)
of the property.
[Added 3-14-2011 by Ord. No. 2011-1]
A structure detached from a principal building located on
the same lot and customarily incidental and subordinate to the principal
building or use.
[Added 3-14-2011 by Ord. No. 2011-1]
An establishment open to the general public or a private
club open to members, except persons under the age of 18 years, which
is used and occupied for one or more of the following activities:
ADULT BOOK STOREAn establishment in which 5% or more of the occupied sales or display area offers for sale, for rent or lease, for loan, or for view upon the premises pictures, photographs, drawings, prints, images, sculpture, still film, motion-picture film, videotape, or similar visual representations distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity, or books, pamphlets, magazines, printed matter or sound recordings containing explicit and detailed descriptions or narrative accounts distinguished or characterized by an emphasis on sexual conduct, or offers sexual devices for sale.
ADULT CABARETAn establishment, club, tavern, restaurant, theater or hall which features live entertainment distinguished or characterized by an emphasis on sexual conduct or sexually explicit nudity.
ADULT MASSAGE PARLORAn establishment whose business is the administration of massage to the anatomy of patrons, regardless whether or not the same includes sexual conduct.
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.
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data,
and/or applications to the Zoning Officer or other designated Borough
official for the purpose of obtaining approval thereof.
The use of land for farming, dairying, pasturage, sylviculture,
horticulture, floriculture, viticulture or animal or poultry husbandry,
including the necessary accessory uses for packing, treating or storing
the produce and equipment for housing and feeding the animals, as
well as incidental slaughtering and butchering for consumption by
a resident of a dwelling on the parcel on which such animals are raised.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A change which includes revisions to the zoning text and/or
the Official Zoning Map. The authority for any amendment lies solely
with the Borough Council.
Any domestic animal or fowl, any wild animal or any household
pet.
[Added 3-14-2011 by Ord. No. 2011-1]
Any animal normally or ordinarily domesticated or raised
in this area and climate as livestock or for work or breeding purposes,
or normally or ordinarily kept as household pets.
[Added 3-14-2011 by Ord. No. 2011-1]
A building used by a veterinarian for the treatment, housing,
or boarding of small domestic animals such as dogs, cats, goats, rabbits,
and birds or fowl.
The raising and keeping of livestock and poultry with the
intent of producing capital gain or profit or the intent of selling
any livestock or poultry products.
Any wild or domestic animal of the bovine, equine or sheep
family.
[Added 3-14-2011 by Ord. No. 2011-1]
Any wild or domestic animal such as a rabbit, hare, guinea
pig, rat, mouse or chinchilla, and any wild or domestic fowl such
as a chicken, turkey, goose, duck or pigeon (excepting homing pigeons).
[Added 3-14-2011 by Ord. No. 2011-1]
Any animal, including bird, fowl or reptile, not normally
or ordinarily domesticated, not normally or ordinarily raised in this
area and climate as livestock or for work or breeding purposes, or
not capable of being kept as a household pet.
[Added 3-14-2011 by Ord. No. 2011-1]
Any sign, the appearance of which changes electronically.
An animated sign shall include, but not be limited to, electronic
message boards that can display public service messages or promotional
announcements of any type. An animated sign shall not include traditional
barber poles or other signs that have only moving parts powered by
electricity.
[Added 3-14-2011 by Ord. No. 2011-1]
A building arranged or intended to be occupied by three or
more families living independently of each other.
Any landowner, lessee, or his authorized agent who submits
a plan, data, and/or application to the Zoning Officer or other designated
Borough official for the purpose of obtaining approval thereof.
Any space between the roof rafters and the ceiling beams
of the top story of a building.
An attic that has a permanently enclosed interior stairway
as a means of access and in which at least 1/3 of the attic floor
area has a clearance of at least seven feet four inches between the
roof rafters and the ceiling beam next below. For the purpose of calculating
the total floor area of any building, only that portion of a habitable
attic having such minimum clearance shall be included.
Any area of land, including the structures thereon, that
is used for any activity permitted as part of an automobile service
station, painting and spraying, body and fender work, automatic washing
equipment, major repair services, or storage of vehicles not in operating
condition, but not including vehicular sales or rental.
A building and/or lot for the display, sale, or rental of
new or used automobiles, motorcycles, recreational vehicles, trucks,
farm equipment, trailers and boats. Such use shall not include the
unenclosed storage of vehicles not in operating condition.
Any area of land, including the structures thereon, that
is used for the sale of gasoline or any other motor vehicle fuel and
oil and other lubricating substances, including any sales of motor
vehicle accessories at retail only, but not including major repairing,
body and fender work, painting, vehicular sales or rental, or automatic
car washes or storage of vehicles not in operating condition.
The mean of the highest and lowest grade levels.
A story having part, but not more than 1/2, of its height
(measured floor to ceiling) below the building grade. A basement shall
be considered in determining floor area. (See also "cellar.")
An accessory use to a single-family dwelling offering overnight
accommodations for a rental fee.
A landscaped area intended to separate and partially obstruct
the view of two adjacent land uses or properties from one another.
Any structure on a lot having a roof that is used for the
shelter or enclosure of persons, animals, or property, including covered
porches and bay windows.
ACCESSORY BUILDINGA building subordinate to and detached from the main building on the same lot and used for the purposes customarily incidental to the principal building.
ATTACHED BUILDINGA building which has one or more party wall(s) in common.
DETACHED BUILDINGA building which has no party wall, surrounded by open space.
PRINCIPAL BUILDINGA building in which is conducted the primary use of the lot on which it is located.
The total area of outside dimensions on a horizontal plane
at ground level of the principal building and all accessory buildings.
Upon any lot, the ratio of the building area to the lot area.
The total overall height of a building measured from the
average grade level to the highest point of the roof, exclusive of
chimneys, antennas, mechanical equipment, etc.
A line parallel to the front, side, or rear lot line set
so as to provide the required yard.
A building which serves as the end of a transit carrier line,
including its maintenance, repair and storage facilities. The building
can be used for taxi cabs or mass transit vehicles.
Any area of land or water of a design or character suited
for seasonal recreation or temporary living purposes which may include
buildings or groups of buildings, cabins, tents, recreational vehicles,
or shelters.
A plot of ground within a campground intended for temporary
occupation by a tent or recreational vehicle with sleeping quarters.
Establishments which provide food, shelter, personal assistance,
supervision and/or medical or other health-related services for individuals
not in need of hospitalization, but who, because of their age, illness,
disease, injury, convalescence or physical or mental infirmity need
such care.
CONVALESCENT OR NURSING HOMEA licensed establishment which provides full-time residential, intermediate or skilled nursing care for three or more individuals who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill or surgical or obstetrical services shall be provided in such a home.
DAY-CARE CENTERA facility licensed by the Commonwealth of Pennsylvania, Department of Public Welfare, to offer and provide, for compensation, a wide range of formal day-care services to seven or more persons, normally but not necessarily children, who are supervised by a qualified staff in lieu of family members.
FAMILY DAY-CARE HOMEA day-care facility registered by the Commonwealth of Pennsylvania, Department of Public Welfare, Day Care Division, to offer and provide, for remuneration, day care for four to six persons, not necessarily children, who are supervised by a qualified caregiver.
GROUP DAY-CARE HOMEA day-care facility registered by the Commonwealth of Pennsylvania, Department of Public Welfare, Day Care Division, to offer and provide, for remuneration, day care for more than six but less than 12 persons, not necessarily children, who are supervised by a qualified caregiver.
GROUP HOMEA type of dwelling designed for a group of mentally and/or physically disabled persons living and cooking together in a single dwelling unit. A group home shall be directly affiliated with a parent institution which provides for the administration of the residents, who are required to reside on the premises to benefit from the service, through the direction of a professional staff and for supervision of residents by full-time resident staff.
An accessory roofed structure, not totally enclosed, which
is primarily designed or used for parking motor vehicles.
The portion of a road improved, designed or ordinarily used
for vehicular travel, exclusive of the sidewalk, curb, or shoulder.
Also referred to as "travel way" or "roadway."
A portion of a building partly underground, having 1/2 or
more than 1/2 of its clear height (measured floor to ceiling) below
the building grade. A cellar shall not be considered in determining
the required number of stories or determining floor area, nor shall
it be used for dwelling purposes. (See also "basement.")
The certificate issued by the Zoning Officer which permits
the use of a building or structure in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the land and structure in its
several parts, together with any special stipulations or conditions
of the building permit.
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the street lines for a height of three feet.
Telephone or telegraph exchange, radio or television broadcasting
tower, micro-relay stations, telecommunications towers, and the like.
The complete plan for the continuing development and redevelopment
of the Borough of New Freedom as recommended by the Planning Commission
and currently adopted by the New Freedom Borough Council.
A type of ownership arrangement, not a land use, wherein
parts of a building typically are owned separately by persons, and
other parts such as, but not limited to, halls, stairs, walkways,
open space, stormwater retention, and recreation areas are owned jointly
by such persons.
A contractor is one who contracts to perform any work or
service on a building, equipment, vehicle or facility at a certain
price or rate. The contractor completes the contracted work off site
but maintains an office primarily for administrative, bookkeeping
or clerical operations. Inventory and storage of materials and/or
vehicles and storage of tools is provided on site. If no on site storage
is used, the use is a business and professional office.
[Added 6-10-2002 by Ord. No. 2002-1]
Buildings converted for occupancy by more than one family.
An area of any lot, unoccupied by any building or structure,
that is bounded on two or more sides by the walls of two or more adjacent
buildings, or by the attached wings of a single building.
The raising, keeping, and/or sale of field, truck, or tree
crops.
Public or private facilities open to the general public and
operated under the auspices of a permitted educational, governmental,
philanthropic, or religious use; including, but not limited to, art
galleries, auditoriums, libraries, museums, community centers, and
adult education centers.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
A commercial establishment, including a drive-in eating establishment,
primarily offering stand-up counter, vending machine, window or in-car
service, and/or offering prepared or standardized food for either
on- or off-premises consumption.
A minor vehicular right-of-way providing access between a
street and a parking area, garage, or other vehicular service or storage
area within a residential (except multifamily) lot or property.
A building or structure designed for living quarters for
one or more families, including mobile homes, but shall not include
hotels, rooming houses, convalescent homes, or other accommodations
used for transient occupancy.
MULTIFAMILY DWELLINGA building containing three or more dwelling units (such as apartment houses and condominium units). All dwelling units are located on a single lot and share with other units a common yard area.
SINGLE-FAMILY ATTACHED DWELLINGA portion of a building containing one dwelling unit, and having one or two party walls in common with other dwelling units (such as townhouses or row houses). Each dwelling unit is located on a separate lot.
SINGLE-FAMILY DETACHED DWELLINGA building containing only one dwelling unit, and having two side yards.
SINGLE-FAMILY SEMIDETACHED DWELLINGA portion of a building containing one dwelling unit, having one side yard and one party wall in common with another dwelling unit. Each dwelling unit is located on a separate lot.
TWO-FAMILY DWELLINGA building containing two dwelling units, having two side yards and one partition in common between the two units. Both dwelling units are located on the same lot.
One or more rooms, including permanent provisions for living,
sleeping, eating, cooking and sanitation, arranged for the occupancy
by one family.
[Amended 3-14-2011 by Ord. No. 2011-1]
A limited right of use granted on private land for public
use or private use by another party or parties.
Activities operated to provide entertainment or recreation
to the general public. Indoor facilities shall include, but not be
limited to, billiard halls, bowling alleys, motion-picture theaters,
game arcades, health or exercise facilities, and dance studios. Outdoor
facilities shall include, but not be limited to, amusement parks,
fishing and hunting grounds, golf courses, golf driving ranges, miniature
golf courses, and tennis and other court games.
One or more persons who live in one dwelling unit and maintain
a common household. May consist of a single person or two or more
persons, whether or not related by blood, marriage, or adoption. May
also include domestic servants and gratuitous guests, but not occupants
of a club, fraternal lodge, or boardinghouse.
Any parcel of land which is used in the raising of agricultural
products, livestock, poultry or dairy products, including necessary
farm structures within the prescribed limits and the storage of equipment
customarily incidental to the primary use. For the purpose of this
chapter, a farm shall not include kennels.
A physical barrier of any type of construction used as a
boundary or means of protection or confinement. The tops of fences,
including fence posts, vertical supports, barbed wire, and decorative
spikes, shall not exceed the maximum fence height permitted per this
chapter.
A commercial savings and loan, credit union, or banking establishment
that provides office space for financial assistance and/or protective
savings and investment services.
A relatively flat or low land area adjoining a stream, river,
or watercourse which is subject to partial or complete inundation,
or any area subject to the unusual or rapid accumulation or runoff
of surface waters from any source.
Any combination of structural and nonstructural additions,
changes, or adjustments to properties and structures which reduce
or eliminate flood damage to lands, water and sanitary facilities,
structures, and contents of buildings.
The channel of a river or other watercourse and the adjacent
land areas required to carry and discharge a flood of a given magnitude.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar, basement and attic floor areas not devoted to residential
use. All dimensions shall be measured between exterior faces of walls.
The sum of the floor areas, as measured from the exterior
building walls of all finished rooms within a dwelling unit, used
on a daily basis for habitation. Such areas may include: living rooms,
kitchens, bedrooms, recreation rooms, dining rooms, bathrooms, hallways,
closets, finished basements, cellars, attics, enclosed porches and
attached garages which have been converted into an integral part of
the living quarters. It does not include space designed and intended
for the parking of motor vehicles, porches (roofed, unroofed or enclosed),
roofed terraces, attics, cellars, garages, etc.
[Amended 7-12-1999 by Ord. No. 1999-4]
The ratio, in percentage, of the habitable floor area of
all buildings on a given lot to the lot area of the same lot.
A building or group of buildings used exclusively for the
storage of motor vehicles for compensation.
An accessory building or an accessory portion of a principal
building designed or used only for the shelter or storage of vehicles
owned or operated by the occupants of the principal building.
A use primarily involving horticulture, which includes the
sale of plants grown on the premises and related goods and materials.
Any dwelling or portion thereof which is designed or used
for at least three persons unrelated to each other or to any family
occupying the dwelling unit and having common eating facilities. Group
quarters include, but are not limited to, lodging or boarding houses,
fraternity and sorority houses and dormitories and other quarters
of an institutional nature. Such quarters must be associated with
a parent religious, educational, charitable or philanthropic institution.
A residential facility for the supervision of transitionally
institutionalized individuals who have violated the law and who are
sent to a halfway house upon release from, or in lieu of being sent
to, a penal institution or juvenile detention center.
The storage of goods, materials, equipment and/or large vehicles
(including, but not limited to, trucks and buses). Such storage includes
warehousing and wholesale establishments and the exterior storage
of the types of vehicles noted above.
An occupation, profession, activity, or use conducted within
a single-family dwelling unit solely by the residents thereof. Home
occupation uses are intended to be of a service nature and not involve
the purchase and/or sale of goods on the premises. The use shall be
clearly incidental and secondary to the use of the dwelling unit for
dwelling purposes, and the exterior appearance of the structure and
premises shall remain residential in character. There shall be no
external evidence of the home occupation except a permitted sign,
and the use shall cause no offensive noise, vibration, smoke, dust,
odor, heat, or glare. Since the use may be of such nature that may
require regular visits by customers and/or deliveries, adequate off-street
parking shall be required in addition to the spaces required for the
residential use.
An institution specializing in giving clinical, temporary,
and emergency services of a medical or surgical nature to human patients
and injured persons, and licensed by state law to provide facilities
and services in surgery, obstetrics, and general medical practice.
A building or group of buildings containing rooms intended
for the accommodation of transient guests for rent. A general kitchen
and dining room may be provided within the building as an accessory
use.
Any dog, cat, or other domestic animal normally and ordinarily
kept in or permitted to be at large in the dwelling of its owner.
[Added 3-14-2011 by Ord. No. 2011-1]
A building or group of buildings used primarily for the conduct
of public worship by a proprietary congregation.
Those areas that do not absorb precipitation. Areas including,
but not limited to, parking areas, driveways, roads, sidewalks, patios,
and any similar areas of gravel, concrete, brick, asphalt or compacted
stone shall be considered impervious surface. In addition, all buildings
and structures shall be considered as impervious surface for computation
of lot coverage.
The manufacturing, processing and/or assembly of materials,
including, but not limited to, such activities as printing and publishing,
electronic components industries, tool and die making, molding plastics,
bottling operations, food processing, furniture making, lumber and/or
wood processing, metal fabrication, and textiles.
A tract of land organized and laid out in accordance with
an overall plan for a community of industries on separate building
sites arranged on streets with utility services, and designed to ensure
compatibility between the industrial operations in the park and the
surrounding area through such devices as landscaping, setbacks, and
use requirements.
Any lot, land, or structure, or part thereof, used primarily
for the collection, storage, and/or sale of scrap metal or discarded
materials, or for the collecting, dismantling, storage, and salvaging
of machinery, equipment, junked or inoperable motor vehicles, and/or
for the sale of parts thereof.
Any building or buildings and/or land used for the sheltering,
boarding, breeding or training of more than two dogs, cats, fowl,
or other small domestic animals at least six months of age which are
kept or bred for profit, show, or hunting, not to include the keeping
of livestock for agricultural purposes. A kennel operation may include
accessory uses such as animal grooming.
Any room or portion of a room within a building designed
and/or intended to be used for cooking or preparation of food.
[Added 3-14-2011 by Ord. No. 2011-1]
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:
[Amended 3-14-2011 by Ord. No. 2011-1]
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The following activities are excluded from the definition of
land development only when such land development involves:
The conversion of an existing single-family detached dwelling
into not more than three residential units, unless such units are
intended to be a condominium;
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building;
The addition or conversion of a building or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subsection, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if authorized
under lease to exercise the rights of the landowner, or other person
having a proprietary interest in the land.
The method by which a view of one site from another adjacent
site is shielded, concealed, or hidden. Screening techniques include
fences, walls, hedges, berms, or other features. (See also "buffer
yard.")
Landscaping shall include, but not be limited to, grass and
other plantings such as trees, shrubs, and bushes.
A space accessible from a street and on a lot for the temporary
use of vehicles while loading or unloading merchandise or materials.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed,
or built upon as a unit.
The area contained within the property lines of an individual
parcel of land, excluding any area within the street right-of-way,
but including the area of any easement.
A lot located at the intersection of, and fronting on, two
streets. The front setback regulations of the district in which the
lot is located shall apply to both street frontages. The lot shall,
in addition, have one side yard and one rear yard.
The percentage of the lot area of any lot covered by impervious
surfaces, including, but not limited to, buildings, driveways, access
drives, parking areas, sidewalks and decks.
[Amended 3-14-2011 by Ord. No. 2011-1]
A lot extending between and having frontages on two streets.
The front setback requirements of the district in which the lot is
located shall apply to both street frontages. The lot shall, in addition,
have two side yards. Also called a "through lot."
A single lot having street frontage of less than the required
lot width and generally configured in the shape of a "flag" with an
attached "flagstaff."
A lot having frontage on one street, adjoined on the sides
and rear by other lots.
The lines bounding a lot as described in the recorded title.
Also referred to as "property lines."
A lot that has been recorded in the Office of the Recorder
of Deeds of York County.
A lot extending between and having frontage on two streets.
Access to the lot shall be from the street of lower classification.
The required continuous distance between the side property
lines (or in the case of corner lots, between a front and side property
line) measured along the front setback line.
Any business enterprise or storage facility, the primary
purpose of which is the sale or storage of lumber in large quantities.
[Added 6-10-2002 by Ord. No. 2002-1]
Any building or group of buildings occupied by medical practitioners
and related services for the purpose of providing health services
to persons on an outpatient basis.
A commercial rental facility providing for the enclosed storage
of household items, recreational vehicles and/or equipment and/or
classic or antique automobiles where said items are retained for the
direct use by their owner who shall have direct access thereto without
immediate handling by the proprietor of the facility. Mini-storage
units shall not be used as offices or shops and shall not house any
items or operations other than dead storage as specified above. No
volatile or hazardous materials shall be stored in such facilities.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more 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.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
A use, structure, lot, or dimension in conflict with the
regulations of this chapter, (1) lawfully existing on the effective
date of this chapter, or (2) existing at any subsequent amendment
of this chapter, or (3) created by variance. Specifically, the following
types of nonconformities are distinguished:
NONCONFORMING LOTA lot, the area or dimensions of which were lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure that does not conform to the applicable use or dimensional provisions in this chapter or any amendments heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment, to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
National pollution discharge elimination system permit.
[Added 3-14-2011 by Ord. No. 2011-1]
Open land or water arranged and intended exclusively for
the recreation and enjoyment of Borough residents. Such space may
be either publicly owned or jointly owned by a landowners' association
who has entered into a covenant to guarantee the perpetual maintenance
of such space. Facilities serving the general public are permitted
in publicly owned space. Open space shall not include stormwater management
facilities.
Any tract or contiguous tracts of land in the same ownership
and contained in the same deed. Land shall be contiguous even though
separated by public or private roads.
Any land, including buildings and structures upon such land,
which is used for active or passive recreation. Such uses would include,
but not be limited to, athletic fields, picnic areas, pedestrian and
nonmotorized pathways. Examples of uses not included are outdoor sports
clubs, golf courses, and similar facilities.
An open lot, containing three or more parking spaces, where
passenger vehicles may be stored for short-term, daily, or overnight
off-street parking.
An off-street space on a lot with an all-weather surface,
available for the parking of one motor vehicle and having direct,
usable access to a street, access drive, or driveway.
An unenclosed, unroofed area intended for outdoor use that
is paved or covered with brick or similar material, and is flush with
the ground.
A percentage which when multiplied by the lot area will determine
the permitted open area which may be paved with an impervious surface,
e.g., driveways, parking areas.
Personal service businesses shall include barber and beauty
shops; self-service laundry and dry-cleaning establishments; laundromats;
radio and television repair; repair shops for home appliances, tools,
bicycles, guns, locks, shoes, and watches; tailor and dressmaking
shops; or any other establishment of similar nature providing personalized
service to customers.
Those areas such as grass, mulch, loose stone, etc., that
provide for the free flow of surface water into the soil. For the
purpose of this chapter, porous paving shall not be considered a pervious
surface.
A map, plan or layout showing the subdivision of land or
land development and indicating the surveyed location and boundaries
of individual properties.
Not publicly owned, operated, or controlled.
Organizations, including their premises and buildings, catering
exclusively to members and their guests for social, recreational and
administrative purposes, which are not conducted for profit. Clubs
shall include, but not be limited to, service organizations, political
organizations, labor unions, as well as social and athletic clubs.
An office which generally operates on an appointment basis.
Business offices shall include advertising agencies, opticians offices,
personnel agencies, and travel and ticket agencies. Professional offices
shall include offices of accountants, actuaries, architects, attorneys,
clergy, dentists, designers, engineers, insurance and bonding agents,
manufacturing representatives, physicians, real estate agents, teachers,
and miscellaneous consulting services. Also included are offices of
a governmental agency, social service organization, district justice,
notary, public or private utility or political organization; or an
office of a bank, savings and loan association, credit or loan company,
collection agency, or stock and bond broker.
Owned, operated or controlled by a government agency (federal,
state or local, including a corporation created by law for the performance
of certain specialized governmental functions, and the Board of Public
Education).
A sewage disposal system which is owned and operated by a
local government authority or by a local public utility company controlled
by a government authority.
A water supply system which is owned and operated by a local
government authority or by a local public utility company controlled
by a government authority.
Any area of land, including the structures thereon, that
is used for the routine servicing and maintenance of railroad cars,
engines and related items, as well as the painting and spraying, body
work, major repair services or storage of such cars, engines and related
items not in operating condition.
[Added 6-10-2002 by Ord. No. 2002-1]
Any portable or mobile vehicle used or designed to be used
for travel, recreation, and/or temporary living purposes and with
its wheels, rollers, or skids in place. A recreation vehicle shall
include a trailer, house trailer, camper, snowmobile, golf cart, all-terrain
vehicle, trail bike, boat, boat trailer, airplane or other similar
vehicles.
A public eating place primarily offering sit-down counter
or table service and custom-prepared foods for on-premises consumption.
Any shop or store whose primary activities involve the sale
or lease of amusements and games, antiques, art, books, beverages,
carpets and rugs, ceramics and glass, confections, drugs, dry goods,
flowers, food, furniture, gifts, garden supplies, hobbies, hardware,
household appliances, household pets and supplies, leather goods,
musical supplies and equipment, notions, paint, periodicals, photographs
and photographic equipment, radio, television and sound equipment,
sporting and camping goods, stationery, tobacco, toys and wearing
apparel. The wholesale distribution and manufacture of the foregoing
products are not included herein and are permitted only as provided
in other appropriate sections of this chapter. Among the uses not
to be interpreted as retail stores or businesses are uses specifically
provided elsewhere in this chapter, including, but not limited to,
service stations, vehicular sales and rental, restaurants, taverns,
hotels, funeral homes, contractor's offices and building material
sales.
A legal right of passage across land occupied or intended
to be occupied by a street, crosswalk, railroad, road, electric transmission
line, oil or gas pipeline, water main, sanitary or storm sewer main,
shade trees, or for another special use. If the right-of-way involves
maintenance by a public agency, it shall be dedicated to public use
by the maker of the plat on which such right-of-way is established.
A stand or structure for the sale of farm, nursery, or greenhouse
items produced on the premises where offered for sale.
An accessory use within a building containing not more than
one dwelling unit, where lodging is for not more than three roomers
is provided, with or without meals, for compensation.
A portion of a building containing one dwelling unit, and
having one or two party walls in common with other dwelling units.
(See also "single-family attached dwellings.")
Any accessory structure capable of receiving radio or television
signals from a transmitter or transmitter relay located in planetary
orbit.
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining districts or
on adjoining lots the structures and uses on the premises on which
the screen planting is located.
The required horizontal distance between a structure and
a property or street right-of-way line.
SETBACK, FRONTThe required minimum distance between the street right-of-way line and the front building line projected the full width of the lot. Also called "front yard."
SETBACK, REARThe required minimum distance between the rear lot line and the rear building line projected the full width of the lot. Also called "rear yard."
SETBACK, SIDEThe required minimum distance between the side lot line and the side building line projected from the front yard to the rear yard. Also called "side yard."
A line within a property and parallel to a property or street
line which delineates the required minimum distance that must be provided
between a structure or building and an adjacent street line and/or
property line.
Ultimate sexual acts, normal and 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,
analingus, or physical contact with a person's nude or partially denuded
genitals, pubic area, perineum, anal region, or, if such person be
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; the postpubertal,
full or partially developed human female breast with less than opaque
covering of a portion thereof below the top of the areola or nipple.
A group of two or more stores planned and designed to function
as a unit for the site on which it is located with off-street parking
and landscaping provided as an integral part of the unit.
Any device, fixture, placard, or structure that uses any
color, form, graphic, illumination, symbol, or writing to advertise,
announce the purpose of, or identify the purpose of a person or entity,
or to communicate information of any kind to the public.
ADVERTISINGA sign whose major purpose is for directing attention to a business, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same lot, such as billboards.
ATTACHEDA sign attached, painted, or otherwise mounted parallel to the surface of a building or structure.
BUSINESSA sign directing attention to a business or profession conducted on the same lot, or, as incidental to a business, to products sold upon the same lot.
FREESTANDINGA sign supported by uprights or braces placed upon or in the ground and not attached to a building.
PORTABLEAny sign not permanently attached to the ground or a permanent structure, or a sign designed to be transported, including, but not limited to, a sign designed to be transported by wheels; signs converted into A-frames or T-frames; menu and sandwich board signs; balloons used as signs, umbrellas used as advertising; and signs attached to, or painted on, vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.
PROJECTINGA sign which is attached to a building or wall in such a manner that its leading edge extends more than six inches beyond the surface of such building or wall.
TEMPORARYAny sign erected for a limited period of time which can be easily removed.
Approval granted an applicant to use land and/or structures in a district for a purpose other than that generally permitted outright in that district. A special exception is granted by the Zoning Hearing Board under the terms, procedures and conditions prescribed in Articles IV and X of this chapter. Special exceptions may not be granted for uses other than those expressly stated in this chapter.
The housing and caring of horses, for purposes of boarding,
riding, and/or show, for compensation.
That portion of building located between a floor and the
floor or roof next above. The first story of a building is the lowest
story having 75% or more of its wall area above the building grade.
A story under a gable, hip or gambrel roof, the wall plate
of which, on at least two opposite exterior walls, is not more that
two feet above the floor.
A public or private way, excluding driveways and access drives,
which affords the principal means of access to abutting properties,
intended to be used by vehicular traffic or pedestrians. Includes
street, avenue, boulevard, road, highway, freeway, lane, viaduct,
alley and any other dedicated and accepted public right-of-way or
private right-of-way.
ALLEYA permanent serviceway providing a secondary means of access to lots.
ARTERIALStreets serving large numbers of high-speed traffic and connecting population and employment centers and that are so designated in the Comprehensive Plan.
COLLECTORStreets that, in addition to providing access to abutting properties, intercept local streets and provide routing to community facilities and arterial streets and that are so designated in the Comprehensive Plan.
CUL-DE-SACA local street with only one outlet and having the other end for the reversal of traffic movement.
LOCALStreets primarily used for access to abutting properties and generally serving internally developed areas.
MARGINAL ACCESSA local street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and control of intersections with the collector or arterial street.
PRIVATEA street used or intended to be used by vehicular or pedestrian traffic, maintained by an individual landowner, a group of landowners, or other identifiable legal entity, and serving no more than three dwelling units or principal uses.
A line defining the edge of a street right-of-way and separating
the street from abutting properties or lots. Commonly known as the
"right-of-way line."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
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. 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 any residential dwelling, shall be
exempted.
An outdoor structure that is used or intended to be used
for swimming, bathing, or for ornamental use (such as a fish pond),
in or above the ground, capable of containing water over 18 inches
in depth, and/or a surface area of 150 square feet or more; outdoor
hot tubs, spas, and Jacuzzi, regardless of their depth, shall be included
within this definition.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food.
A portion of a building containing one dwelling unit, and
having one or two party walls in common with other dwelling units.
(See also "single-family attached dwelling.")
An area of land which may comprise the entire area or a subpart
of a parcel. Individual tracts within a parcel of land, which are
not separately deeded, shall not constitute separate lots for the
purpose of construction, permitting, or for the purposes of this chapter.
Such tracts contained within a parcel shall be considered descriptive
only.
A school that may offer a wide range of educational or instructional
activities that may or may not be operated as a gainful business by
some person or organization other than those included under the definition
of "school."
Any property which is the origin and/or destination point
of short- and long-distance hauling and is used for the purpose of
storing, transferring, loading and unloading, in addition to truck
parking. This would include solid waste disposal vehicles, tank trucks,
and livestock trucks.
The specific purpose for which land or a structure is designed,
arranged, intended, occupied, or maintained.
USE, ACCESSORYA use of land or of a building or a portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with the principal use or building.
[Amended 3-14-2011 by Ord. No. 2011-1]
USE, CONDITIONALA use to be granted or denied a zoning permit by the Borough Council on the basis of the specific standards and criteria specified in Article III for the use in question and upon the general standards for conditional use contained in § 225-1005. Uses may not be approved for uses other than those expressly stated in this chapter.
[Amended 7-12-1999 by Ord. No. 1999-4]
USE, PRINCIPALThe main or primary use of the property, buildings, or structures. Unless specifically noted otherwise, only one use permitted by right, by special exception, or by conditional use shall be permitted as a principal use on an individual lot. For example, one single-family dwelling, one commercial establishment, or one industrial firm shall be permitted on an individual lot. Complexes listed as permitted uses, such as a shopping center, shall be limited to one such complex per lot.
Any use, including water supply works, booster stations and
storage areas, electric-generating plants and substations, and gas
or oil pipeline transfer or pumping stations, sewage treatment plants,
sewage pumping stations, including associated collection lines and
rights-of-way, coming under the jurisdiction of the Public Utility
Commission of Pennsylvania or the Borough of New Freedom.
A small, nonrental building, designed primarily for storage
of yard and garden equipment and miscellaneous household items incidental
to a dwelling and customarily made of prefabricated materials, purchased,
assembled or erected, and used exclusively by the property owner.
A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to § 225-1003 of this chapter and Section 910.2 of the Pennsylvania Municipalities Planning Code.
The use of plant or landscaping materials, fencing, walls
and/or earthen berms to aid in the concealment of one element or a
development from other elements or from adjacent or contiguous development.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation" and/or as defined by the Pennsylvania
Department of Environmental Protection or the US Army Corps of Engineers.
An open, unoccupied area unobstructed from the ground up,
located between any permitted structures and the property lines or
street lines. (See also "setbacks.")
The designation of specified districts within the Borough,
reserving them for certain uses, together with limitations on lot
size, heights of structures, and other stipulated requirements.
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
