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Borough of Elizabethtown, PA
Lancaster County
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[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. 
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. 
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."
ABANDONMENT
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.
ACCESS DRIVE
A paved surface, other than a street, which provides vehicular access from a street or private road to a lot.
ACCESSORY BUILDING
A building subordinate to and detached from the principal building on the same lot and used for purposes customarily incidental to the principal building.
ACCESSORY DWELLING UNIT
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]
ACCESSORY USE
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.
ACT
The Pennsylvania Municipalities Planning Code, Act 247, as amended.
ADULT BOOKSTORE
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.
ADULT MASSAGE ESTABLISHMENT
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.
AGRICULTURAL ANIMALS
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.
AIR RIGHTS
The right to use space above ground level.
ALLEY
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.
ALLEY SHOPS
A permitted use, within the Central Business District, that has a main access onto an approved Borough alley.
ALTERATION
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.
ALTERATIONS, STRUCTURAL
Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
AMENDMENT
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.
AMUSEMENT ARCADE
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.
ANIMAL GROOMING SERVICE
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.
ANIMAL HOSPITAL
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.
ANTENNA
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.
ANTENNA, SATELLITE DISH
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).
ANTENNA, AMATEUR RADIO
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.
ANTENNA, COMMERCIAL COMMUNICATIONS
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.
APARTMENT
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.
APARTMENT, CONVERSION
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]
APARTMENT, GARDEN
A two story multifamily dwelling, containing one story dwelling units.
APARTMENT HOUSE
See definition of "dwelling, multifamily."
APPLICATION FOR DEVELOPMENT
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.
AREA, BUILDING
See "building area."
AREA, LOT
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.
AUTOMOBILE BODY SHOP
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.
AUTOMOBILE SERVICE STATION
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.
AUTOMOBILE WASHING (CAR WASH)
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.
BARBER/BEAUTY SHOP
An establishment which provides services relating to the cutting and styling of hair, manicures and facials.
BASEMENT
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.
BED-AND-BREAKFAST ESTABLISHMENT
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]
BLOCK
An area of land bounded by streets.
BUFFER YARD
See "yard, buffer."
BUILDING
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.
BUILDING AREA
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING HEIGHT
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.
BUILDING LINE
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.
BUILDING PERMIT
Written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.
BUILDING, PRINCIPAL
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."
BUILDING SETBACK LINE
The line within a property defining the required minimum distance permitted between any enclosed structure and the adjacent right-of-way or lot lines.
CAMPING GROUND
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.
CARPORT
A covered space, open on three sides, for the storage of one or more vehicles and accessory to a principal or accessory building.
CARTWAY
That portion of a street or alley which is improved, designed or intended for vehicular use.
CELLAR
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.
CEMETERY
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.
CERTIFICATE OF USE AND OCCUPANCY
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.
CHURCH
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.
CLEAN WOOD
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.
CLEAR-SIGHT TRIANGLE
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.
CLUB and/or LODGE
A building and/or structure utilized as a private club offering food and/or drink privileges.
COMMON OPEN SPACE
See "open space, common."
COMMUNITY FAIR
The annual Elizabethtown fair held each calendar year.
CONDITIONAL USE
A use permitted in a particular zoning district pursuant to the provisions of Part 15.
CONDOMINIUM
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.
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building structure, including the placement of manufactured homes.
CONTRACTED ANIMAL FOSTER CARE PROGRAM
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.
COVERAGE
That portion or percentage of the lot area covered by impervious materials.
DAY-CARE CENTER
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.
DAY-CARE RESIDENCE
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.
DENSITY
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.
DEVELOPER
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.
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.
DEVELOPMENT PLAN
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.
DRIVE-THROUGH SERVICE
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.
DRIVEWAY
An improved cartway designed and constructed to provide for vehicular movement between a street and a dwelling or dwellings.
DUMP
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.
DWELLING
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]
DWELLING GROUP
A group of two or more single-family, two-family or multifamily dwellings occupying a lot in one ownership.
DWELLING, MANUFACTURED HOME
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.
DWELLING, MULTIFAMILY
A building used by three or more families living independently of each other and doing their own cooking, including apartment houses.
DWELLING, SINGLE-FAMILY, ATTACHED (TOWNHOUSE)
A dwelling used for one family and having two party walls in common with other buildings (such as row house or townhouse).
DWELLING, SINGLE-FAMILY, DETACHED
A building used by one family, having only one dwelling unit and having two side yards.
DWELLING, SINGLE-FAMILY, SEMIDETACHED
A dwelling used by one family, having one side yard and one party wall in common with another single-family semidetached unit.
DWELLING, TWO-FAMILY, DETACHED (DUPLEX)
A building used by two families, with one dwelling unit arranged over the other, and having two side yards.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
DWELLING UNIT, GROUND-FLOOR
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.
EASEMENT
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.
EATING ESTABLISHMENT
Any form of restaurant and/or tavern open to the public, dispensing food and drink.
ELECTRIC SUBSTATION
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 TRANSMISSION AND DISTRIBUTION FACILITIES
Electric public utilities transmission and distribution facilities, including substations.
EXISTING STRUCTURES AND PROPERTY MAINTENANCE CODE
The Borough of Elizabethtown Existing Structures and Property Maintenance Code [Chapter 5, Part 1], as may be amended from time to time.
FACADE
The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FACILITY OWNER, WIND ENERGY
The entity, person or entities having equity interest in the wind generated energy system, including their respective successors and assigns.
FAMILY
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]
FARM MARKET
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]
FENCE
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.
FILL
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.
FINANCIAL INSTITUTION
Any commercial establishment that lends money or engages in finance-related business, but not including stockbrokerage firms, investment firms, and securities firms.
FITNESS CENTER
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.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD, BASE (FIVE-HUNDRED-YEAR FLOOD)
A flood that, on the average, is likely to occur once every 500 years.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
(1) 
A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation.
(2) 
An area subject to the unusual and rapid accumulation or runoff of surface waters from any surface.
FLOODPLAIN ORDINANCE
The Borough of Elizabethtown Floodplain Ordinance [Chapter 8], as may be amended from time to time.
FLOODPROOFING
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.
FLOODWAY
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.
FLOOR AREA
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.
FLOOR AREA, HABITABLE
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.
FUNERAL HOMES
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.
GARAGE, PRIVATE
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.
GARAGE, PUBLIC
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.
GARBAGE
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.
GARDEN APARTMENT
See definition of "apartment, garden."
GARDENING
The cultivation of herbs, fruits, flowers or vegetables, excluding the keeping of livestock.
GEOTHERMAL SYSTEM, CLOSED LOOP
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.
GEOTHERMAL SYSTEM, OPEN LOOP
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.
GOVERNING BODY
The Borough Council of Elizabethtown, Lancaster County, Pennsylvania.
GRADE, ESTABLISHED
The elevation of the center line of the streets, as officially established by the municipal authorities.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought to grades as shown on official plans or designs relating thereto.
GREENHOUSE
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.
GROUND-FLOOR
The floor of a building nearest the mean grade of the front of the building.
GROUP HOME
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.
HAZARDOUS WASTE
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:
(1) 
Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
(2) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(3) 
Meet the definition of hazardous waste as currently defined by the Pennsylvania Department of Environmental Protection.
HEIGHT OF BUILDING
See definition of "building height."
HOME OCCUPATION
Any use customarily conducted entirely within a dwelling or in a building accessory thereto and carried on by the inhabitants residing therein.[1]
HOTEL/MOTEL
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]
IMPERVIOUS COVERAGE
See "coverage."
IMPERVIOUS MATERIAL
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.
INCINERATOR
An approved device in which combustible material, other than garbage, is burned to ashes.
INDOOR RECREATIONAL ACTIVITY
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.
INDUSTRY
The manufacturing, compounding, processing, assembly or treatment of materials, articles or merchandise.
INSTITUTION
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.
JUNKYARD
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.
KENNEL(S)
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."
LAND DEVELOPMENT
Any of the following activities:
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) 
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,
(b) 
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.
(2) 
A subdivision of land.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee, if he is authorized under the lease to exercise the rights of the landowner, or other persons having a proprietary interest in land.
LANDSCAPE SCREEN
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.
LAUNDROMAT
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.
LIGHT INDUSTRIAL
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.
LIGHTING
(1) 
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
(2) 
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.
(3) 
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.
LOADING BERTH/SPACE
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.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT, CORNER
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.
LOT, DEPTH OF
The average horizontal distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGE
An interior lot having frontage on two streets.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINES
The lines bounding a lot, as defined herein.
LOT, MINIMUM WIDTH
The minimum lot width at the building setback line.
LOT, NONCONFORMING
See "nonconforming lot."
LOT OF RECORD
A lot which has been recorded in the office of the Recorder of Deeds of Lancaster County, Pennsylvania.
LOT, REVERSE-FRONTAGE
A lot extending between, and having frontage on an arterial street and a minor street and with vehicular access solely from the latter.
LOT WIDTH
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.
MAINTENANCE
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.
MANUFACTURED HOME DWELLING
See definition of "dwelling, manufactured home."
MANUFACTURING
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.
MASSAGE
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.
MEDICAL AND HEALTH SERVICES
A structure intended for providing medical examination and service to the public, excluding overnight care.
MEDICAL CENTER
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").
MINOR REPAIR
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.
MIXED USE
Occupancy of a building or land for more than one use.[2]
MUNICIPAL BUILDINGS AND FACILITIES
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.
MUSEUM
An establishment of a noncommercial nature used for the display of art, historic or science objects for the purpose of education and research.
NIGHTCLUBS
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.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, 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:
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including but not limited to parking, signs, or lights.
(5) 
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
(6) 
The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
NONCONFORMING LOT
A lot, the area or dimension of which was lawful prior to the adoption or amendment of 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 STRUCTURE
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.
NONCONFORMING USE
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.
NURSERY, HORTICULTURE
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.
NURSING OR CONVALESCENT HOME
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.
OBSCENE MATERIALS
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.
OBSTRUCTION
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.
OFFICE BUILDING
A building designed or used primarily for office purposes, no part of which is used for manufacturing.
OFFICE, PROFESSIONAL
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.
OPEN SPACE
The unoccupied space open to the sky on the same lot with the building, not including parking lots and stormwater facilities.
OPEN SPACE, COMMON
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.
OPERATOR, WIND ENERGY GENERATED SYSTEMS
The person or entity that will be responsible for the day-to-day operation and maintenance of the wind generated energy system.
OUTDOOR EATING (CAFE)
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.
OUTDOOR HYDRONIC HEATER
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.
OWNER-OCCUPIED or OCCUPIED BY OWNER
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]
PARKING LOT
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.
PARKING SPACE
The space within a building, or on a lot or parking lot, for the parking or storage of one vehicle.
PARTY WALL
A common shared wall between two separate structures, buildings or dwelling units.
PAVED AREA
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.
PERSON
Any individual or group of individuals, corporations, partnership or any similar entity.
PERSONAL SERVICE ESTABLISHMENT
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.
PETS
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).
PLANNING COMMISSION
The Planning Commission of the Borough of Elizabethtown, Lancaster County, Pennsylvania.
PREMISES
Any lot, parcel or tract of land and any building constructed there-on.
PRIVATE
Not publicly owned, operated or controlled.
PRIVATE ROAD
A legally established right-of-way, other than a public street, which provides the primary vehicular and/or pedestrian access to a lot.
PROFESSIONAL OCCUPATION
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.
PRURIENT INTEREST
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.
PUBLIC
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
Public grounds include the following:
(1) 
Parks, playgrounds, trails, paths and other recreational areas and other public areas;
(2) 
Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities; and
(3) 
Publicly owned or operated scenic and historic sites.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Borough Council or Planning Commission, intended to inform and obtain public comment prior to taking action in accordance herein.
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
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 USE
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 FACILITIES
Public utility transmission and distribution facilities, including substations and the like.
RESIDENTIAL-CARE HOME
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.
RESIDENTIAL RENTAL UNIT
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]
RESTAURANT, CAFE or TEA ROOM
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.
RETAIL PET SHOP
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.
RETAIL SALES
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.
RIGHT-OF-WAY
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.
RIGHT-OF-WAY, STREET
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.
ROOMING UNIT
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]
RUBBISH
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.
SATELLITE DISH
See definition of "antenna, satellite dish."
SCHOOL
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.
SCHOOL, CREATIVE AND PERFORMING ARTS
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.
SCHOOL, NURSERY
See definition of "day-care center."
SCREEN PLANTING
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.
SEXUAL CONDUCT
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.
SEXUAL EXCITEMENT
The condition of human male or female genitalia when in a state of sexual stimulation or arousal.
SHOPPING CENTER
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.
SHORT-TERM LODGING ACCOMMODATION
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]
SIGHT DISTANCE
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.
SIGN
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.
SINGLE AND SEPARATE OWNERSHIP
The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any adjoining property.
SITE DEVELOPMENT PLAN
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.
SOLAR ACCESS
A property owner's right to have the sunlight shine on his land.
SOLAR ENERGY SYSTEM
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.
SPECIAL EXCEPTION
A use permitted in a particular zoning district pursuant to the provisions of Part 14.
STORAGE FACILITY
A structure intended for lease for the sole purpose of storing household goods, motor vehicles or recreational equipment.
STORY
That portion of a building located between the surface of any floor and the ceiling or roof above it.
STORY, HALF
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.
STREET
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.
STREET CENTER LINE
The center of the surveyed street right-of-way or, where not surveyed, the center of the traveled cartway.
STREET, CUL-DE-SAC
A street intersecting another street at one end and terminating at the other in a vehicular turnaround.
STREET GRADE
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.
STREET LINE
The street line is the right-of-way line of a public street or the cartway line of a private street.
STREET, MAJOR
(1) 
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.
(2) 
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.
STREET, MINOR
A street used primarily for access to abutting properties.
STREET WIDTH
The distance between street lines measured at right angles to the center line of the street.
STRUCTURE
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.
STRUCTURE, ACCESSORY
A structure that is clearly customary and incidental to a principal use.
STRUCTURE, TEMPORARY
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.
STRUCTURE, NONCONFORMING
See definition of "nonconforming structure."
STUDIO
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.
STUDIO, DANCING or MUSIC
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.
SUBDIVISION
(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.
SWIMMING POOL
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.
TATTOO PARLOR
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.
TAVERN
A place where alcoholic beverages are served as a primary or substantial portion of the total trade. The sale of food may also occur.
TEMPORARY
A limited, nonpermanent, provisional period.
THEATER
A building or part of a building devoted to the showing of moving pictures or theatrical productions on a paid admission basis.
TRANSIENT OCCUPANCY
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]
TRANSIENT OCCUPANT
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]
UNDEVELOPED LAND
Any lot, tract or parcel of land which has not been graded or in any other manner prepared for the construction of a building.
UNIFORM CONSTRUCTION CODE
The Borough Uniform Construction Code in effect on the date an application for a permit is filed.
USE
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.
USE, NONCONFORMING
See definition of "nonconforming use."
USE, PRINCIPAL
The primary or predominant use of any lot.
USE, TEMPORARY
A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
VARIANCE
Relief granted pursuant to the provisions of Part 20.
VEGETATIVE COVER
Shall consist of trees, shrubs, flowers, grass, ground or bank cover or suitable pervious decorative substitute.
VEHICULAR SALES ESTABLISHMENT
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.
WALL, ARCHITECTURAL AND DECORATIVE
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.
WALL, ENGINEERING RETAINING
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.
WALL, SCREENING
A color-consistent solid opaque structure made out of brick, stone, board fencing, chain-linked fencing, screen planting or decorative concrete block.
WIND ENERGY FACILITY
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.
WINDMILL
A device that converts wind energy to mechanical or electrical energy.
WIND POWER DEVICE
An electric generating facility or apparatus whose main purpose is to supply electricity. These devices shall include windmills, wind turbines and wind energy facilities.
WINDMILL ROTOR
The portion of the windmill that is intended to be moved or activated by the wind.
WINDMILL TOWER
The supporting structure on which the rotor and accessory equipment are mounted.
WIND TURBINE
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.
YARD
An unoccupied space, outside of the existing building line of the principal use, on the same lot with a building or structure.
YARD, BUFFER
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.
YARD, FRONT
The open space between the street right-of-way and the principal building.
YARD, INTERIOR
An open, unoccupied space between the buildings of a dwelling group or its accessory buildings, not a front, side or rear yard.
YARD, REAR
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.)
YARD, SIDE
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.)
ZONING
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.
ZONING MAP
The map setting forth the boundaries of the zoning districts of the Borough which shall be a part of this chapter.
ZONING PERMIT
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.
ZONING OFFICER
The duly constituted Borough official designated to administer and enforce this chapter in accordance with its literal terms.
[1]
Editor’s Note: The former definition of "hotel," which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.
[2]
Editor’s Note: The former definition of "motel," which immediately followed this definition, was repealed by Ord. 983, 11/16/2017.