[Ord. 766, 5/16/1996, Art. 2; as amended by Ord. 876, 8/17/2006;
by Ord. 882, 2/15/2007; and by Ord. 946, 3/21/2013]
1.Â
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
2.Â
ABANDONMENT
ACCESS DRIVE
ACCESSORY BUILDING
ACCESSORY DWELLING UNIT
ACCESSORY USE
ACT
ADULT BOOKSTORE
ADULT MASSAGE ESTABLISHMENT
AGRICULTURAL ANIMALS
AIR RIGHTS
ALLEY
ALLEY SHOPS
ALTERATION
ALTERATIONS, STRUCTURAL
AMENDMENT
AMUSEMENT ARCADE
ANIMAL GROOMING SERVICE
ANIMAL HOSPITAL
ANTENNA
ANTENNA, SATELLITE DISH
ANTENNA, AMATEUR RADIO
ANTENNA, COMMERCIAL COMMUNICATIONS
APARTMENT
APARTMENT, CONVERSION
APARTMENT, GARDEN
APARTMENT HOUSE
APPLICATION FOR DEVELOPMENT
AREA, BUILDING
AREA, LOT
AUTOMOBILE BODY SHOP
AUTOMOBILE SERVICE STATION
AUTOMOBILE WASHING (CAR WASH)
BARBER/BEAUTY SHOP
BASEMENT
BED-AND-BREAKFAST ESTABLISHMENT
BLOCK
BUFFER YARD
BUILDING
BUILDING AREA
BUILDING, DETACHED
BUILDING HEIGHT
BUILDING LINE
BUILDING PERMIT
BUILDING, PRINCIPAL
BUILDING SETBACK LINE
CAMPING GROUND
CARPORT
CARTWAY
CELLAR
CEMETERY
CERTIFICATE OF USE AND OCCUPANCY
CHURCH
CLEAN WOOD
CLEAR-SIGHT TRIANGLE
CLUB and/or LODGE
COMMON OPEN SPACE
COMMUNITY FAIR
CONDITIONAL USE
CONDOMINIUM
CONSTRUCTION
CONTRACTED ANIMAL FOSTER CARE PROGRAM
COVERAGE
DAY-CARE CENTER
DAY-CARE RESIDENCE
DENSITY
DEVELOPER
DEVELOPMENT
DEVELOPMENT PLAN
DRIVE-THROUGH SERVICE
DRIVEWAY
DUMP
DWELLING
DWELLING GROUP
DWELLING, MANUFACTURED HOME
DWELLING, MULTIFAMILY
DWELLING, SINGLE-FAMILY, ATTACHED (TOWNHOUSE)
DWELLING, SINGLE-FAMILY, DETACHED
DWELLING, SINGLE-FAMILY, SEMIDETACHED
DWELLING, TWO-FAMILY, DETACHED (DUPLEX)
DWELLING UNIT
DWELLING UNIT, GROUND-FLOOR
EASEMENT
EATING ESTABLISHMENT
ELECTRIC SUBSTATION
ELECTRIC TRANSMISSION AND DISTRIBUTION FACILITIES
EXISTING STRUCTURES AND PROPERTY MAINTENANCE CODE
FACADE
FACILITY OWNER, WIND ENERGY
FAMILY
FARM MARKET
FENCE
FILL
FINANCIAL INSTITUTION
FITNESS CENTER
FLOOD
FLOOD, BASE (FIVE-HUNDRED-YEAR FLOOD)
FLOOD FRINGE
FLOODPLAIN
FLOODPLAIN ORDINANCE
FLOODPROOFING
FLOODWAY
FLOOR AREA
FLOOR AREA, HABITABLE
FUNERAL HOMES
GARAGE, PRIVATE
GARAGE, PUBLIC
GARBAGE
GARDEN APARTMENT
GARDENING
GEOTHERMAL SYSTEM, CLOSED LOOP
GEOTHERMAL SYSTEM, OPEN LOOP
GOVERNING BODY
GRADE, ESTABLISHED
GRADE, FINISHED
GREENHOUSE
GROUND-FLOOR
GROUP HOME
HAZARDOUS WASTE
(1)Â
(2)Â
(3)Â
HEIGHT OF BUILDING
HOME OCCUPATION
HOTEL/MOTEL
IMPERVIOUS COVERAGE
IMPERVIOUS MATERIAL
INCINERATOR
INDOOR RECREATIONAL ACTIVITY
INDUSTRY
INSTITUTION
JUNKYARD
KENNEL(S)
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(2)Â
LANDOWNER
LANDSCAPE SCREEN
LAUNDROMAT
LIGHT INDUSTRIAL
LIGHTING
(1)Â
(2)Â
(3)Â
LOADING BERTH/SPACE
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE-FRONTAGE
LOT, INTERIOR
LOT LINES
LOT, MINIMUM WIDTH
LOT, NONCONFORMING
LOT OF RECORD
LOT, REVERSE-FRONTAGE
LOT WIDTH
MAINTENANCE
MANUFACTURED HOME DWELLING
MANUFACTURING
MASSAGE
MEDICAL AND HEALTH SERVICES
MEDICAL CENTER
MINOR REPAIR
MIXED USE
MUNICIPAL BUILDINGS AND FACILITIES
MUSEUM
NIGHTCLUBS
NO-IMPACT HOME-BASED BUSINESS
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NURSERY, HORTICULTURE
NURSING OR CONVALESCENT HOME
OBSCENE MATERIALS
OBSTRUCTION
OFFICE BUILDING
OFFICE, PROFESSIONAL
OPEN SPACE
OPEN SPACE, COMMON
OPERATOR, WIND ENERGY GENERATED SYSTEMS
OUTDOOR EATING (CAFE)
OUTDOOR HYDRONIC HEATER
OWNER-OCCUPIED or OCCUPIED BY OWNER
PARKING LOT
PARKING SPACE
PARTY WALL
PAVED AREA
PERSON
PERSONAL SERVICE ESTABLISHMENT
PETS
PLANNING COMMISSION
PREMISES
PRIVATE
PRIVATE ROAD
PROFESSIONAL OCCUPATION
PRURIENT INTEREST
PUBLIC
PUBLIC GROUNDS
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC USE
PUBLIC UTILITY FACILITIES
RESIDENTIAL-CARE HOME
RESIDENTIAL RENTAL UNIT
RESTAURANT, CAFE or TEA ROOM
RETAIL PET SHOP
RETAIL SALES
RIGHT-OF-WAY
RIGHT-OF-WAY, STREET
ROOMING UNIT
RUBBISH
SATELLITE DISH
SCHOOL
SCHOOL, CREATIVE AND PERFORMING ARTS
SCHOOL, NURSERY
SCREEN PLANTING
SEXUAL CONDUCT
SEXUAL EXCITEMENT
SHOPPING CENTER
SHORT-TERM LODGING ACCOMMODATION
SIGHT DISTANCE
SIGN
SINGLE AND SEPARATE OWNERSHIP
SITE DEVELOPMENT PLAN
SOLAR ACCESS
SOLAR ENERGY SYSTEM
SPECIAL EXCEPTION
STORAGE FACILITY
STORY
STORY, HALF
STREET
STREET CENTER LINE
STREET, CUL-DE-SAC
STREET GRADE
STREET LINE
STREET, MAJOR
(1)Â
(2)Â
STREET, MINOR
STREET WIDTH
STRUCTURE
STRUCTURE, ACCESSORY
STRUCTURE, TEMPORARY
STRUCTURE, NONCONFORMING
STUDIO
STUDIO, DANCING or MUSIC
SUBDIVISION
SWIMMING POOL
TATTOO PARLOR
TAVERN
TEMPORARY
THEATER
TRANSIENT OCCUPANCY
TRANSIENT OCCUPANT
UNDEVELOPED LAND
UNIFORM CONSTRUCTION CODE
USE
USE, NONCONFORMING
USE, PRINCIPAL
USE, TEMPORARY
VARIANCE
VEGETATIVE COVER
VEHICULAR SALES ESTABLISHMENT
WALL, ARCHITECTURAL AND DECORATIVE
WALL, ENGINEERING RETAINING
WALL, SCREENING
WIND ENERGY FACILITY
WINDMILL
WIND POWER DEVICE
WINDMILL ROTOR
WINDMILL TOWER
WIND TURBINE
YARD
YARD, BUFFER
YARD, FRONT
YARD, INTERIOR
YARD, REAR
YARD, SIDE
ZONING
ZONING MAP
ZONING PERMIT
ZONING OFFICER
Unless otherwise expressly stated, the following words shall, for
the purpose of this chapter, have the meaning 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, partnership or any other similar entity.
The word "lot" includes the words "plot" or "parcel." The term "shall"
is always mandatory. 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."
The relinquishment of property; or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building subordinate to and detached from the principal
building on the same lot and used for purposes customarily incidental
to the principal building.
A small dwelling unit with no more than two bedrooms that
is built on the same lot as a primary dwelling unit, a separate one-
or two-bedroom dwelling unit in the basement, a separate one- or two-bedroom
dwelling unit in the attic, or a separate dwelling unit converted
from an existing or newly constructed accessory structure or portion
thereof.
[Added by Ord. 983, 11/16/2017]
A use customarily incidental and subordinate to the principal
use of the main building or land and located on the same lot with
such principal use or main building.
The Pennsylvania Municipalities Planning Code, Act 247, as
amended.
An establishment having as a substantial or significant portion
of its stock-in-trade, books, magazines, videotapes and other periodicals
which are distinguished or characterized by their emphasis on matter
depicting, describing or relating to "specified sexual activities"
or "specified anatomical areas" (as defined herein), or an establishment
with a segment or section devoted to the sale or display of such material.
Any establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body, and all forms and methods of physiotherapy
operated by a medical practitioner, chiropractor or professional massage
or physical therapist licensed by the Commonwealth of Pennsylvania.
Animals associated with agricultural operation, commonly
kept or raised as a part of an agricultural operation, such as livestock
and poultry, including but not limited to horses, swine, goats, ducks,
chickens, turkeys, roosters, hens, cattle, deer, sheep and lambs.
The right to use space above ground level.
A public thoroughfare other than a minor street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
A permitted use, within the Central Business District, that
has a main access onto an approved Borough alley.
Any interior or exterior change to a building or structure;
any renovation that changes the use, classification, or location of
any building or structure. The meaning of this term shall not include
"maintenance," as that term is defined in this chapter.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A change in use in any district which includes revisions
to the zoning text and/or the official zoning map; and the authority
for any amendment lies solely with the Borough Council.
An establishment which has as its principal business offering
to patrons mechanical or electrical amusement devices or games such
as pinball machines, ping pong, darts, shooting galleries, pool tables,
videos, computer or similar devices and games.
An establishment where animals are bathed, clipped, or combed
for the purpose of enhancing their aesthetic value or health and for
which a fee is charged. No overnight boarding services shall be provided
at the establishment.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits and birds or fowl
by a veterinarian.
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 building.
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 station(s)
and satellite microwave antenna(s).
An antenna or any combination of a mast or tower plus an
attached or mounted antenna, which transmits noncommercial and nonprofessional
communication signals and is utilized by an operator licensed by the
Federal Communications Commission. Guy wires for amateur radio antennas
are considered part of the structure for the purpose of meeting development
standards.
A structure that is partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals through
the air. Such devices shall include, but are not limited to, an antenna
used for transmitting commercial radio or television signals, or to
receive such signals for a cable system, or to retransmit wireless
telecommunications.
A dwelling unit within a multiple dwelling. This classification
includes apartments in apartment houses, bachelor apartments, studio
apartments and kitchenette apartments. Conversion apartments are not
included in the classification.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without altering the exterior of the building.
[Amended by Ord. 983, 11/16/2017]
A two story multifamily dwelling, containing one story dwelling
units.
See definition of "dwelling, multifamily."
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit for the approval of a subdivision plat or plan or
for the approval of a development plan.
See "building area."
The area contained within the property lines of a lot or
as shown on a subdivision plan, excluding space within any street,
but including the area of any easement.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing or supplying of gasoline
or oil to automobiles, trucks or similar motor vehicles.
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles and which may include
facilities used for polishing, greasing, washing, dry cleaning or
otherwise cleaning or servicing such motor vehicles.
A building on a lot, designed and used primarily for the
washing, polishing, and/or detailing of automobiles, and which may
provide accessory services set forth herein for automobile service
stations.
An establishment which provides services relating to the
cutting and styling of hair, manicures and facials.
That portion of a building that is partially or wholly below
ground level. This portion is not a completed structure and 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 five feet or is used for business or dwelling
purposes, other than a game or recreation room.
The use of an owner-occupied, single-family, detached structure
or portion thereof providing, for compensation, sleeping accommodations
and breakfast for transient occupants.
[Amended by Ord. 983, 11/16/2017]
An area of land bounded by streets.
See "yard, buffer."
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels, and including covered porches or bay windows and chimneys.
Garages and sheds and similar structures are to be considered a building
under this chapter.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line parallel to the front, side or rear lot line so as
to provide the required setback distances; the line of the face of
the building nearest an adjacent right-of-way, street line or lot
line. This includes sun parlors and covered porches, whether enclosed
or unenclosed, but does not include steps.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a "principal building"
shall be considered a part of that "principal building."
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way or lot lines.
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary or seasonal nature, such as cabins, tents or shelters.
A covered space, open on three sides, for the storage of
one or more vehicles and accessory to a principal or accessory building.
That portion of a street or alley which is improved, designed
or intended for vehicular use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the maximum number of stories.
Land used or intended to be used for the burial of the deceased,
including but not limited to columbarium, crematoria, mausoleums and
mortuaries, when operated in conjunction with the cemetery and within
its boundaries.
A certificate, issued and enforced by the Zoning Officer
upon completion of the construction of a new building or upon a change
or conversion of the structure or use of a building, which certifies
that all requirements and regulations as provided herein, as well
as all other applicable requirements, have been satisfied.
A building used for public worship and/or education by a
congregation, excluding buildings used exclusively for residential,
burial, recreational or other uses not normally associated with worship.
For purposes of this chapter, the term "church" shall include synagogue.
Natural, dry wood that has no paint, stains, or other types
of coatings, and natural wood that has not been treated with substances,
including, but not limited to, copper chromium arsenate, creosote,
alkaline copper quaternary or pentachlorophenol.
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 center lines.
A building and/or structure utilized as a private club offering
food and/or drink privileges.
See "open space, common."
The annual Elizabethtown fair held each calendar year.
A use permitted in a particular zoning district pursuant
to the provisions of Part 15.
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 structure, including
the placement of manufactured homes.
A program and/or service recognized through a contractual
relationship with the Borough to promote animal safety and public
health by providing temporary housing to animals defined in this Section
as "pets" not to exceed 48 hours.
That portion or percentage of the lot area covered by impervious
materials.
A facility, or part of a facility, not in a private residence,
offering baby-sitting, nursery school and/or child-care services,
where tuition, fees or other compensation for the instruction and/or
care of the children is charged. Such facility shall meet all applicable
licensing and registration requirements of the Pennsylvania Department
of Public Welfare.
A residence offering baby-sitting and/or child-care services
for children unrelated to the resident household and meeting all applicable
licensing and registration requirements of the Pennsylvania Department
of Public Welfare. The baby-sitting and/or child-care services shall
not commence earlier than 6:30 a.m. and shall not continue beyond
7:00 p.m.
A term used to express the allowable number of dwelling units
per acre of land. "Net density" is the number of dwelling units per
net acre. "Gross density" is the number of dwelling units per gross
acre.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
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.
The provisions for development, 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 and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
An establishment which, by design, physical facilities, services
or by packaging procedures, encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
An improved cartway designed and constructed to provide for
vehicular movement between a street and a dwelling or dwellings.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial or other means, and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
A building or structure designed for living quarters for
one or more families, including industrialized housing and manufactured
homes which are supported either by a foundation or are otherwise
permanently attached to the land. A dwelling shall not include transient
occupancy unless otherwise permitted as a bed-and-breakfast establishment
or short-term lodging accommodation.
[Amended by Ord. 983, 11/16/2017]
A group of two or more single-family, two-family or multifamily
dwellings occupying a lot in one ownership.
A transportable, single-family detached 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. For floodplain management purposes, this definition
includes park trailers, travel trailers and other similar vehicles
located on site for greater than 180 consecutive days.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A dwelling used for one family and having two party walls
in common with other buildings (such as row house or townhouse).
A building used by one family, having only one dwelling unit
and having two side yards.
A dwelling used by one family, having one side yard and one
party wall in common with another single-family semidetached unit.
A building used by two families, with one dwelling unit arranged
over the other, and having two side yards.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A single unit providing complete independent living facilities
for one or more persons which is located at grade or sidewalk elevation
within a structure. A ground-floor dwelling unit is located in the
front portion (streetside) of a building, rear position of a building
or encompass the entire the entire first floor of a building.
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.
Any form of restaurant and/or tavern open to the public,
dispensing food and drink.
An assemblage of equipment for purposes other than generation
or utilization, through which bulk electric energy is passed for the
purpose of switching or modifying its characteristics to meet the
needs of the general public. This definition includes transformer
substations.
Electric public utilities transmission and distribution facilities,
including substations.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
The entity, person or entities having equity interest in
the wind generated energy system, including their respective successors
and assigns.
Any number of individuals living and cooking together as
a single housekeeping unit, including not more than three unrelated
individuals. The term "unrelated individual" shall include any individual
who is unrelated by blood, marriage, legal adoption or foster relationship
to any other individual in the dwelling unit. A family shall also
expressly include any number of unrelated persons who reside within
a licensed group home, as defined herein. It is the express intent
of the Borough to comply with all provisions of the Federal Fair Housing
Act, as amended, and regulations promulgated thereunder, in the construction
of this term.
[Amended by Ord. 983, 11/16/2017]
A retail market featuring foods such as fruits, vegetables,
meats, locally grown plants and/or imported produce items approved
by the United States Food and Drug Administration, baked goods, prepared
foods and beverages sold to consumers, on empty lots, tables, stands,
indoor and outdoor structures, by farmers or agents of farmers. Live
animals are excluded.
[Added by Ord. 975, 6/16/2016]
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a wall if the wall is used as a fence.
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
can also be defined as the difference in elevation between a point
on the original ground and a designated point of higher elevation
on the final grade or the material used to make a fill.
Any commercial establishment that lends money or engages
in finance-related business, but not including stockbrokerage firms,
investment firms, and securities firms.
A facility that contains a full range of exercise equipment
and classes designed to promote cardiovascular and general health
conditioning. Such centers generally contain nautilus equipment, free
weights, conditioning machines, aerobic activities and classes and
locker room facilities.
A temporary inundation of normally dry land areas.
A flood that, on the average, is likely to occur once every
500 years.
That portion of the floodplain outside the floodway.
The Borough of Elizabethtown Floodplain Ordinance [Chapter 8], as may be amended from time to time.
Any combination of structural and nonstructural additions,
changes, or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude without increasing the water surface
elevation more than one foot at any point.
The sum of the gross horizontal areas of the floors of a
building and its accessory buildings on the same lot, excluding cellar
and basement floor areas not used as primary living and sleeping quarters,
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 room, dining room, kitchen, and bedroom,
but not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. 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.
Establishments with facilities for the preparation of the
dead for burial, for the cremation of the dead, for the viewing of
the dead and for memorial services.
An enclosed or covered space for the storage of one or more
vehicles or vessels, provided that no business, occupation or service
is conducted for profit therein, nor space therein for more than one
vehicle or vessel is leased to a nonresident of the premises.
Any structure, other than a private garage, which is used
for storage, repair, rental, servicing or supplying of gasoline or
oil to motor vehicles for compensation.
The animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food, in keeping with the Refuse and Recycling Ordinance, Chapter 20.
See definition of "apartment, garden."
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
A system that uses pipes containing a heat transfer liquid.
The closed loop is designed and constructed so that the liquid does
not come in contact with groundwater.
A system that pumps groundwater to the heating and cooling
equipment. The groundwater is then discharged into the ground, to
the ground surface or to a body of water.
The Borough Council of Elizabethtown, Lancaster County, Pennsylvania.
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
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.
The floor of a building nearest the mean grade of the front
of the building.
A facility or part of a facility providing shelter, counseling
and other rehabilitative services in a family-like environment for
residents who receive twenty-four-hour staff supervision and which
is licensed under an applicable State program. Residents may not be
legally related to the facility operators or supervisors and, by reason
of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimum level of
supervision but do not require medical or nursing care. Group home
activity shall not include housing of persons that have been clinically
diagnosed as prone to violence and shall not provide housing and/or
rehabilitative services to registered sexual offenders. A group home
shall also be licensed and approved by the Pennsylvania Department
of Public Welfare, the Pennsylvania Department of Health and/or applicable
bureaus within the respective departments.
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,
commercial, industrial, institutional, mining or agricultural operations
and from community activities, or any combination of the above, which,
because of its quantity, concentration, or physical, chemical or infectious
characteristics, may:
Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
Meet the definition of hazardous waste as currently defined
by the Pennsylvania Department of Environmental Protection.
See definition of "building height."
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein.[1]
A building or group of buildings where more than six individual
sleeping quarters that may have separate entrances are offered for
compensation, to transient occupants as defined in this Part, licensed
under applicable laws and regulations. Such a use may have ancillary
services, such as recreational facilities, dining services, meeting
rooms, and/or fitness centers.
[Added by Ord. 983, 11/16/2017]
See "coverage."
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 sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved device in which combustible material, other than
garbage, is burned to ashes.
A commercial establishment which offers leisure-time activities
such as an entertainment or movie theater, a bowling alley, a skating
rink, indoor golf or other similar uses.
The manufacturing, compounding, processing, assembly or treatment
of materials, articles or merchandise.
A building or grounds, all or a portion of which is used
by persons who occupy the buildings for a common purpose, including
but not limited to hospitals, convents, school dormitories, college
campuses, nursing homes; the education, administrative and/or recreational
facilities of such organizations as the YMCA, YWCA, Boy Scouts, Girl
Scouts and Boys Clubs; not to include penal institutions and similar
facilities.
A lot, land or structure, or part thereof, used primarily
for the collecting, storage, and sale of wastepaper, rags, scrap metal
or discarded material or for the collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition, and
for the sale of parts thereof. The deposit or storage on a lot of
two or more unlicensed, wrecked or disabled vehicles, or the major
parts thereof, shall be deemed to constitute a junkyard.
An enclosed building or structure for the keeping, sheltering,
breeding, training, and/or selling of dogs, cats, or other small animals
as defined in this Section under "pets."
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or,
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
A completely planted visual barrier composed of evergreen
plants and trees arranged to form both a low-level and high-level
screen. Earthen embankments, as detailed in this chapter, may be considered
as a landscape screen.
A business premises equipped with individual clothes washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use in an apartment
house or an apartment hotel.
The light assembly, disassembly, finishing or packaging of
a product, such as electronic, scientific, or communication equipment
or a product of similar character, publishing or photographic processing,
research or testing laboratories, within an enclosed building and
that do not produce the emission of noise, odor, gas, dust, smoke,
vibration, or refuse matter.
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.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected 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, and which
abuts on a street or other appropriate means of access.
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.
A lot at the junction of and abutting 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° and the radius of the street
line is less than 100 feet.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
A lot other than a corner lot.
The lines bounding a lot, as defined herein.
The minimum lot width at the building setback line.
See "nonconforming lot."
A lot which has been recorded in the office of the Recorder
of Deeds of Lancaster County, Pennsylvania.
A lot extending between, and having frontage on an arterial
street and a minor street and with vehicular access solely from the
latter.
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 lot line at the minimum required building setback line.
Except as otherwise provided by state law, shall constitute
replacement or repair to a building or structure which maintains original
dimensions and use, to include but not be limited to replacement of
windows in the same dimensions, replacement of existing flooring,
wall coverings, painting, replacement of existing countertops with
those of the same dimension, replacement of existing appliances, sinks
or other existing plumbing fixtures with like materials, repairs or
replacement of existing HVAC or electrical fixtures, roof shingles,
or repaving existing paved surfaces. Replacement of a roof structure
shall not constitute maintenance and shall require a permit.
See definition of "dwelling, manufactured home."
The processing and/or converting of raw unfinished or finished
materials or products or of any combination, into an article or substance
of a different character, or for use for a different purpose; industries
furnishing labor in the case of manufacturing or the refinishing of
manufactured articles.
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, powders, 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.
A structure intended for providing medical examination and
service to the public, excluding overnight care.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health care practitioners, medical and dental laboratories,
outpatient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services. This definition does not include
a dentist's office, optician's office or similar medical office that
is housed in a single unit used exclusively for that purpose (see
"personal service establishment").
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.
Occupancy of a building or land for more than one use.[2]
Municipal government buildings or facilities designed and
intended to be occupied by the government or designed and intended
for public use sponsored by such government.
An establishment of a noncommercial nature used for the display
of art, historic or science objects for the purpose of education and
research.
A place where entertainment in the form of live or prerecorded
music is offered and/or dancing by the general public occurs. The
serving of food and/or alcoholic beverages may occur.
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, or 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 lot, the area or dimension of which was 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.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions of this
chapter or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include but
are not limited to nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions herein or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the application of this chapter or amendment to its location by
reason of annexation.
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants, including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals, nursing care for hire and which is
approved for nonprofit/profit corporations licensed by the Pennsylvania
Department of Public Welfare for such use.
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 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, 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,
retard or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same down stream to the
damage of life and property.
A building designed or used primarily for office purposes,
no part of which is used for manufacturing.
A room or rooms used for the carrying on of a profession,
to include but not be limited to physicians, dentists, architects,
engineers, accountants, attorneys, real-estate brokers, insurance
agents entitled to practice under the laws of the Commonwealth of
Pennsylvania or similar type.
The unoccupied space open to the sky on the same lot with
the building, not including parking lots and stormwater facilities.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas and areas set aside for public facilities.
The person or entity that will be responsible for the day-to-day
operation and maintenance of the wind generated energy system.
An exterior seating area associated with a restaurant or
other place serving food and/or beverages, which is under constant
supervision of an employee of the business, or an unsupervised seating
area of a restaurant or other place serving food and/or beverages.
Any equipment, device or apparatus which is installed, affixed
or situated outdoors, and not situated within a building intended
for habitation by humans or animals, which is used for the primary
purpose of combustion of fuel to produce heat for energy as a heating
system or component thereof which provides heat or hot water to a
principal structure used for human or animal habitation, or to any
accessory uses or structures, including, but not limited to, greenhouses,
conservatories, and swimming pools. For the purpose of this particular
appliance, a chimney shall mean any vertical structure enclosing a
flue or flues that carry off smoke or exhaust from an outdoor hydronic
heater. Such appliances are also commonly referred to as outdoor wood-fired
furnaces, outdoor wood-burning appliances, or outdoor solid-fuel-fired
boiler heaters.
A dwelling unit that is the primary, permanent residence
and domicile of a natural person who is identified as the owner or
one of the owners on the deed for the property. In order for a dwelling
unit to be considered owner-occupied, the dwelling must be considered
the domicile of the record owner or at least one of the record owners
under Pennsylvania law, and the owner must physically reside in the
dwelling not less than six months each calendar year, and the owner
cannot be registered to vote at any other address, and the owner must
use the dwelling at the owner's address for payment of taxes, including,
but not limited to, earned income taxes.
[Added by Ord. No. 990, 1/17/2019]
Any lot, municipally or privately owned, for off-street parking
facilities, providing for the transient storage of automobiles or
motor-driven vehicles. Such parking services may be provided as a
free service or for a fee.
The space within a building, or on a lot or parking lot,
for the parking or storage of one vehicle.
A common shared wall between two separate structures, buildings
or dwelling units.
When required herein, that amount of land required for the
location of adequate parking spaces, driveways, or other access roads.
In the computation of a paved area, the actual building area shall
be excluded.
Any individual or group of individuals, corporations, partnership
or any similar entity.
A structure, or portion thereof, in which the services of
a person, licensed to practice a specific profession, are offered
to the general public. Personal services shall include but not be
limited to agents, barbers, beauticians, cleaners, doctors, lawyers,
optometrists, funeral directors, licensed psychologists, counselors/therapists,
as well as photographers, post offices, tailors, and utility collection
offices. Personal service establishments shall not include retail
sales, arcades, amusements, massage establishments, or tattoo parlors
or other similar uses.
Small domestic animals, including but not limited to those
animals customarily raised, kept and maintained by people living in
developed, residential communities such as dogs, cats, rabbits, and
birds and fish. All wild or exotic mammals, reptiles, amphibians,
fish, insects or birds, especially predatory species, are prohibited
as pets, including livestock, poultry and wild animals as identified
by the Pennsylvania Wildlife Code, which include but are not limited
to horses, cows, pigs, goats, sheep, snakes over three feet long,
pigeons, poisonous tarantulas, venomous scorpions, skunks, chickens,
roosters, hens and any other animals that create a safety hazard and
negatively impact the ecological system(s).
The Planning Commission of the Borough of Elizabethtown,
Lancaster County, Pennsylvania.
Any lot, parcel or tract of land and any building constructed
there-on.
Not publicly owned, operated or controlled.
A legally established right-of-way, other than a public street,
which provides the primary vehicular and/or pedestrian access to a
lot.
The practice of a profession by any professional, including
but not limited to attorney, physician, surgeon, osteopath, chiropractor,
dentist, optician, optometrist, chiropodist, engineer, surveyor, architect,
landscape architect, planner or similar type, entitled to practice
under the laws of the Commonwealth of Pennsylvania.
Is to be judged with reference to average adults unless it
appears from the nature of the material or the circumstances of its
dissemination, distribution or exhibition that it is designed for
clearly defined deviant sexual groups, in which case the predominant
appeal of the matter shall be judged with reference to its intended
recipient group.
Owned, operated or controlled by a government agency (Federal,
State or local, including a corporation and/or board created by law
for the performance of certain specialized governmental functions).
Public grounds include 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 herein.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
A 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 less than seven days from the date of the hearing.
Public and semipublic uses of a welfare and educational nature,
including but not limited to hospitals, schools, parks, churches,
cemeteries, daycare centers, historical restorations, fire stations,
municipal buildings, essential public utilities which require enclosure
within a building, airports, fraternal clubs and homes, nonprofit
recreational facilities, easements for alleys, streets and public
utility rights-of-way, and radio and television transmission facilities.
Public utility transmission and distribution facilities,
including substations and the like.
A building or buildings on contiguous property housing six
or more handicapped or socially dependent persons and to include residential-care
facility, residential-training facility and residential-treatment
facility.
1) A dwelling unit let for rent, or 2) a rooming unit, or
3) a bed-and-breakfast establishment, or 4) a short-term lodging accommodation,
or 5) an accessory dwelling unit, or 6) a dwelling unit that is not
occupied by the owner, is a residential rental unit. Each individual
townhouse dwelling, each individual apartment unit, each individual
unit in a multifamily building, each individual bed-and-breakfast
establishment, each individual boardinghouse, and each individual
short-term lodging accommodation shall be considered a residential
rental unit whether or not the owner or a relative of the owner also
resides in the structure. A residential rental unit includes dwelling
units under lease-purchase agreements or long-term (greater than six
months) agreements for sale. A residential rental unit shall not include
a hotel/motel as defined herein or a hospital room utilized for medical
services. It shall include an institutional facility room, but only
as hereinafter set forth in § 309.
[Added by Ord. 983, 11/16/2017]
An establishment designed and operated for the express purpose
of providing food and beverage service within the confines of a structure
and generally excluding any encouragement, orientation or accommodation
of services or products to the patrons' automobiles, on or within
the premises.
An establishment that engages in selling dogs, cats or other
animals defined in this Section under "pets," as well as other items
for pet usage that shall include but be not limited to toys, food
and health and cosmetic products.
A use in which merchandise, goods and commodities are sold
or rented to the general public, but not including pawn shops, retail
sales of motor vehicles, boats or any use meeting the definition of
an "adult movie theater" or "adult bookstore," nor manufacturing.
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be used or
occupied by a road, crosswalk, railroad, electric transmission line,
oil or gas pipeline, waterline, sanitary storm sewer and other similar
uses; generally, the right of one to pass over the property of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley or however designated.
A portion of a dwelling unit including any room or group
of rooms forming a single habitable unit or intended to be used for
living and sleeping, but not for cooking purposes. Granting of permission
to use shared or common cooking facilities may be associated with
the leasing of a rooming unit. A rooming unit shall not be leased
for transient occupancy.
[Added by Ord. 983, 11/16/2017]
Combustible and noncombustible waste materials, except garbage, to include residue from burning of wood, coke, coal or other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials, in keeping with the Refuse and Recycling Ordinance, Chapter 20.
See definition of "antenna, satellite dish."
An elementary or secondary school that is public, private
and/or of a religious nature, that provides instruction for students
in grades K-12 and is recognized under the education laws of the Commonwealth
of Pennsylvania.
An establishment, program, and/or institution that provides
students with instruction to master the skill of creative writing,
dance, instrument arts, visual arts, martial arts, drawing, painting
and/or acting.
See definition of "day-care center."
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic areas
or buttocks of the human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex or between
humans and animals.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
A group of stores planned and designed to function as a unit
for the lot on which it is located, with off-street parking provided
as an integral part of the unit.
An owner-occupied dwelling unit that provides rooms for transient
occupancy, as defined in this Part, to individuals unrelated to the
occupants of the dwelling unit.
[Added by Ord. 983, 11/16/2017]
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public. See Part 17 for definitions.
The ownership of a lot by one or more persons, which ownership
is separate and distinct from that of any adjoining property.
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, heights of
buildings and structures, 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 property owner's right to have the sunlight shine on his
land.
An energy conversion system, including appurtenances, which
converts solar energy to an electric or thermodynamic form of energy
to meet all or part of the energy requirements of the on-site residential
and commercial user.
A use permitted in a particular zoning district pursuant
to the provisions of Part 14.
A structure intended for lease for the sole purpose of storing
household goods, motor vehicles or recreational equipment.
That portion of a building located between the surface of
any floor and the ceiling or roof 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 public right-of-way constructed to municipal standards
which includes avenue, boulevard, road, highway, freeway, parkway
and viaduct and any other ways used or intended to be used by vehicular
traffic or pedestrians, whether public or private. A street shall
not include a lane or alley for purposes of this chapter.
The center of the surveyed street right-of-way or, where
not surveyed, the center of the traveled cartway.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
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 street line is the right-of-way line of a public street
or the cartway line of a private street.
ARTERIAL STREETA major street or highway with fast or heavy traffic of considerable continuity and used primarily as a traffic artery for intercommunications among large areas.
COLLECTOR STREETA major street or highway which carries traffic from minor streets to arterial streets including the principal entrance streets of a residential development and streets for circulation within such a development.
A street used primarily for access to abutting properties.
The distance between street 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. For floodplain
management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured home.
A structure that is clearly customary and incidental to a
principal use.
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
See definition of "nonconforming structure."
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 or production.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "dancing school" and "music school" and other similar expressions.
(See "land development"). 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,
that has a depth of more than 24 inches of water intended for recreational
bathing or swimming. Includes spas and hot tubs.
A personal service for the injection or application of ink
to the skin, which is intended to be permanent or semipermanent. This
term shall encompass tattoos, permanent cosmetics, dermagraphic art,
body art, or other similar processes or terms.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade. The sale of food may also
occur.
A limited, nonpermanent, provisional period.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid admission basis.
Use, occupancy, and/or possession of a dwelling unit or portion
thereof for a period of 30 consecutive calendar days or less.
[Added by Ord. 983, 11/16/2017]
A person, as defined in this Part, who uses, possesses, or
occupies a dwelling unit or portion thereof for a period of 30 consecutive
calendar days or less.
[Added by Ord. 983, 11/16/2017]
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The Borough Uniform Construction Code in effect on the date
an application for a permit is filed.
The specific purpose for which land or a building is designated,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See definition of "nonconforming use."
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.
Relief granted pursuant to the provisions of Part 20.
Shall consist of trees, shrubs, flowers, grass, ground or
bank cover or suitable pervious decorative substitute.
A building or lot or part thereof used for the sale, hire
or remuneration from automotive equipment, including vehicular accessory
sales, but not including the sale of junked vehicular equipment.
A structure that is erected for cosmetic and aesthetic purposes
to compliment the context, design and facade of the principal and/or
accessory building(s) within the neighborhood.
A structure made of concrete, masonry, ecology block, and/or
steel that is constructed vertically to resist lateral earth and/or
fluid pressure, including any liquid surcharges.
A color-consistent solid opaque structure made out of brick,
stone, board fencing, chain-linked fencing, screen planting or decorative
concrete block.
An electric generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines and other
accessory structures and buildings, including substations, meteorological
towers, electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A device that converts wind energy to mechanical or electrical
energy.
An electric generating facility or apparatus whose main purpose
is to supply electricity. These devices shall include windmills, wind
turbines and wind energy facilities.
The portion of the windmill that is intended to be moved
or activated by the wind.
The supporting structure on which the rotor and accessory
equipment are mounted.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator and includes
the nacelle, rotor, tower, and pad transformer, if any.
An unoccupied space, outside of the existing building line
of the principal use, on the same lot with a building or structure.
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter, and on which is placed (planted) year-round shrubbery, hedges,
evergreens or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district and may include
a wall, as provided for in this chapter.
The open space between the street right-of-way and the principal
building.
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings, not a front, side or rear yard.
The open space between the rear line of the principal building
and the rear line of the lot and extending the width of the lot, with
the exception of a corner lot. (See § 1321.2.)
The area(s) between a principal structure and any side lot
line(s) and extending from the front line to the rear of the principal
building except for a corner lot. (See § 1321.2.)
The designation of specified districts within a community
reserving them for certain uses together with limitations on lot size,
heights of structures and other stipulated requirements.
The map setting forth the boundaries of the zoning districts
of the Borough which shall be a part of this chapter.
A permit stating that the purpose for which a building and/or
structure or land is to be used is in conformity with the uses permitted
and all other requirements under this chapter for the district in
which it is or will be located.
The duly constituted Borough official designated to administer
and enforce this chapter in accordance with its literal terms.