This chapter shall be known and may be cited as the "Palmyra
Borough Zoning Ordinance of 2015."
A.Â
This chapter is enacted for the following purposes:
(1)Â
To promote, protect, and facilitate any or all of the following:
the public health, safety, morals, and the general welfare; coordinated
and practical community development and proper density of population;
emergency management preparedness and operations, airports, and national
defense facilities; the provision of adequate light and air; access
to incident solar energy, police protection, vehicle parking and loading
space, transportation, water, sewerage, schools, recreational facilities,
and public grounds; the provision of a safe, reliable, and adequate
water supply for domestic, commercial, agricultural, and industrial
use; as well as the preservation of the natural, scenic, and historic
values in the environment and the preservation of forests, wetlands,
aquifers, and floodplains.
(2)Â
To prevent any or all of the following: overcrowding of land; blight,
danger, and congestion in travel and transportation; and loss of health,
life, and property from fire, panic or other dangers.
(3)Â
To preserve prime agriculture and farmland considering topography,
soil type and classification, and present use.
(4)Â
To provide for the use of land within the Borough for residential
housing of various dwelling types encompassing all basic forms of
housing, including single-family and two-family dwellings, and a reasonable
range of multifamily dwellings in various arrangements, as well as
mobile homes and mobile home parks.
(5)Â
To accommodate reasonable overall community growth, including population
and employment growth, and opportunities for development of a variety
of residential dwelling types and nonresidential uses.
(6)Â
Promote lighting standards that will enhance the safety and enjoyment
of pedestrians, bicyclists, and motorists. Prevent the creation of
nuisances caused by unnecessary intensity and glare of outdoor lighting
onto neighboring properties, roadways, and into the night sky. Promote
lighting practices and systems to conserve energy without decreasing
safety.
B.Â
This chapter was prepared with careful consideration being given
to, among other things, the character of various areas within the
Borough, and their suitability for particular uses, and with a view
toward conserving the value of property and encouraging the most appropriate
use of land throughout the Borough.
C.Â
The basis for this chapter is the Palmyra Area Region Comprehensive
Plan of 2013, as adopted by the Borough Council. The Comprehensive
Plan establishes detailed community development goals and objectives,
which this chapter seeks to promote and to establish; however, it
is recognized that circumstances may necessitate the adoption and
timely pursuit of new goals and the enactment of new ordinances or
amendments to this chapter that may neither require nor allow for
the completion of a new Comprehensive Plan and approval of new community
development objectives.
A.Â
Except as noted below, from and after the effective date of this
chapter, the use of all land and every building or structure or portion
of a building or structure erected, altered with respect to height
and area, added to, or relocated, and every use within a building
or structure or use accessory thereto, in Palmyra Borough shall be
in conformity with the provisions of this chapter. Any legally existing
building or land not in conformity with the regulations herein prescribed
shall be regarded as nonconforming but may be continued, extended,
or changed subject to the special regulations herein provided with
respect to nonconforming buildings, structures or uses.
B.Â
This chapter shall not apply to any existing or proposed buildings,
or extension thereof, used or to be used by a public utility corporation
if, upon petition of the corporation, the Pennsylvania Public Utility
Commission shall, after a public hearing, decide that the present
or proposed building in question is reasonably necessary for the convenience
or welfare of the public. This exemption shall not apply to telecommunications
antennas, communications equipment buildings, and communications towers
for wireless telecommunications services regulated under the 1996
Telecommunications Act.
C.Â
This chapter shall not apply to any existing or proposed uses, buildings
structures, signs, or extension thereof, occupied, owned and/or operated
by the Borough.
D.Â
E.Â
The application of requirements of this chapter shall be limited
only to the extent that activities related to commercial agricultural
production would exceed the requirements imposed under:
(1)Â
The Act of May 20, 1993 (P.L. 12, No. 6), known as the "Nutrient
Management Act,"[5] regardless of whether any agricultural operation within
the area to be affected by the ordinance would be a concentrated animal
operation as defined by the Nutrient Management Act;
[5]
Editor's Note: The Nutrient Management Act was repealed 7-6-2005
by P.L. 112, No. 38; see now the Nutrient Management and Odor Management
Act, 3 Pa.C.S.A. § 501 et seq.
(3)Â
The Act of June 10, 1982 (P.L. 454, No. 133), entitled "An act protecting
agricultural operations from nuisance suits and ordinances under certain
circumstances,"[7] or that regulation of other activities are preempted,
but only to the extent preempted, by other federal or state laws.
[7]
Editor's Note: See 3 P.S. § 951 et seq.
A.Â
In interpreting and applying the provisions of this chapter, such
shall be considered to be the minimum requirements for the promotion
of the health, safety, and general welfare of the residents of the
Borough.
B.Â
In interpreting the language of this chapter to determine the extent
of the restriction upon the use of the property, the language shall
be interpreted, where doubt exists as to the intended meaning of the
language written and enacted by the governing body, in favor of the
property owner and against any implied extension of the restriction.
It is not intended by this chapter to repeal, abrogate, annul,
or interfere with any existing ordinances or enactment, or with any
rule, regulation or permit adopted or issued thereunder, except insofar
as the same may be inconsistent or in conflict with any of the provisions
of this chapter, provided that where this chapter imposes greater
restrictions upon the use of buildings or land, or upon the height
and bulk of buildings, or prescribed larger open spaces than are required
by the provisions of other such ordinance, enactment, rule, regulation
or permit, then the provisions of this chapter shall control. Furthermore,
if a discrepancy exists between any regulations contained within this
chapter, that regulation which imposes the greater restriction shall
apply.
Except as noted in §§ 380-20R(5) and 380-21R(5), should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this chapter as a whole or of any other part thereof. If a court of competent jurisdiction finds the application of any provision or provisions of this chapter to any use, lot, building or other structure, or tract of land, to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.
A.Â
Whenever a use is neither specifically permitted nor denied by this
chapter, and an application is made by an applicant to the Zoning
Officer for such use, the Zoning Officer shall refer the application
to the Zoning Hearing Board to hear and decide such request as a special
exception. The Zoning Hearing Board shall have the authority to permit
the use or deny the use in accordance with the standards governing
special exception applications. To approve the use, the Board must
find that the proposed use:
(1)Â
Is similar to and compatible with the permitted uses in the zone
in which the subject property is located;
(2)Â
Is not permitted in any other zone under the terms of this chapter;
(3)Â
Is proposed in a manner that complies with all applicable requirements
imposed upon other uses that in the opinion of the Zoning Hearing
Board most closely reflect the likely impacts that will be generated
by the proposed use;
(4)Â
Complies with all other applicable sections of this chapter and other
ordinances of the Borough;
(5)Â
In no way conflicts with the general purposes and intent of this
chapter; and
(6)Â
Would not be detrimental to the public health, safety and welfare
of the neighborhood or Borough.
B.Â
The burden of proof shall be upon the applicant to demonstrate that the proposed use meets the foregoing criteria and meets all applicable regulations contained within this chapter, including but not limited to those general criteria contained within § 380-139B(2).
For the purpose of this chapter, Palmyra Borough is hereby divided
into zones, which shall be designated as follows:
Zones Mapped on the Zoning Map
|
Chapter Section
|
---|---|
Low-Density Residential Zone (LDR)
|
§ 380-14
|
Town Residential Zone (TR)
|
§ 380-15
|
Multifamily Residential Zone (MFR)
|
§ 380-16
|
Manufactured Home Park Zone (MHP)
|
§ 380-17
|
Mixed Use Zone (MU)
|
§ 380-18
|
Central Business District (CBD)
|
§ 380-19
|
Highway Commercial Zone (HC)
|
§ 380-20
|
Light Industrial Zone (LI)
|
§ 380-21
|
Heavy Industrial Zone (HI)
|
§ 380-22
|
Airport Safety Zone (AS)
|
§ 380-23
|
A.Â
The areas within Palmyra Borough, as assigned to each Zone and the
location of the Zones established by this chapter, are shown upon
the Zoning Map, which together with all explanatory matter thereon,
is attached to and is declared to be a part of this chapter.
B.Â
If changes are made to Zone boundaries or other matters portrayed on the Official Zoning Map, such changes shall be made in accordance with the provisions of § 380-144 of this chapter and the Pennsylvania Municipalities Planning Code,[1] and the changes shall be entered on the Official Zoning
Map promptly after the amendment has been approved by the Borough
Council. No changes of any nature shall be made to the Official Zoning
Map, or matter thereon shown, except in conformity with the applicable
procedures established in this Zoning Ordinance. All changes shall
be noted by date with a brief description of the nature of the change.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.Â
The Official Zoning Map shall be located in a place designated by
the Borough Council, and shall be the final authority as to the current
zoning status of land and water area in Palmyra Borough regardless
of unofficial copies, which may have been made or published from time
to time.
D.Â
In the event that the Official Zoning Map becomes damaged, destroyed,
lost or difficult to interpret because of the nature or number of
changes and additions, the Borough Council may, by resolution, adopt
a new Official Zoning Map. The new Official Zoning Map may correct
drafting or other errors or omissions in the prior Official Zoning
Map, but no such correction shall have the effect of amending the
original Official Zoning Map or any subsequent amendment thereof.
The new Official Zoning Map shall be identified by the signature of
the Borough Council, attested by the Palmyra Borough Manager or Secretary,
and bear the seal of Palmyra Borough under the following words:
"This is to certify that this Official Zoning Map of Palmyra
Borough supersedes and replaces the Official Zoning Map adopted as
part of Ordinance No. ___ of Palmyra Borough, Lebanon County, Pennsylvania."
|
E.Â
Unless the prior Official Zoning Map has been lost or has been destroyed,
the prior map or any significant parts thereof remaining shall be
preserved together with all applicable records pertaining to its adoption
or amendment.
A.Â
The zone boundary lines shall be as shown on the Zoning Map. Zone
boundary lines are intended to coincide with lot lines, center lines
of streets and alleys, railroad rights-of-way, and streams at time
of passage of this chapter, the corporate boundary of the Borough
or as dimensioned on the map. Where uncertainty exists as to the boundaries
of the base districts as indicated on the Official Zoning Map, the
following rules and guidelines, as provided within this section shall
be applicable.
(1)Â
Where zone boundaries are indicated as approximately coinciding with
the center lines of streets, highways, lanes, alleys, railroad tracks,
rivers or creeks, such center line shall be construed to be such boundaries.
(2)Â
Where zone boundaries are indicated as approximately coinciding with
lot lines or deed lines which were in effect at the date of adoption
of this chapter, such lines shall be construed to be such boundaries.
(3)Â
Where zone boundaries are indicated as approximately coinciding or
municipal boundary lines, such lines shall be construed to be such
boundaries.
(4)Â
Where zone boundaries are indicated as being approximately parallel
to the center or right-of-way lines of streets or highways, lanes,
alleys, railroad tracks, rivers or creeks, such district boundaries
shall be construed as being parallel to the center or right-of-way
lines at such distance as is indicated on the Official Zoning Map.
(5)Â
Where zone boundaries are indicated as being approximately perpendicular
to the right-of-way lines of streets or highways, such district boundaries
shall be construed as being perpendicular to the right-of-way lines.
(6)Â
Where zone boundaries are referenced by a distance or measurement
from a specific feature, such distance shall be measured in feet and
the district boundaries shall follow the specified setback.
(7)Â
Where zone or measurements are not specifically referenced on the
Official Zoning Map, the scale of the Official Zoning Map shall determine
the unspecified setback.
B.Â
In the event of dispute about the location of the boundary of any zone, the Zoning Officer shall investigate and render a decision on the location of the line. Appeals from this decision shall be made to the Zoning Hearing Board in accordance with Article VI of this chapter.
C.Â
When a property is contained within more than one zone, any use is
required to comply with all applicable design standards upon that
portion of the property within the zone in which the use is permitted.
Words and phrases shall be presumed to be used in their ordinary
context, unless such word or phrase is defined differently within
this article.
A.Â
In this chapter, when not inconsistent with the context:
(1)Â
Words in the present tense imply also the future tense.
(2)Â
The singular includes the plural.
(3)Â
The male gender includes the female gender.
(4)Â
The word "person" includes an individual, partnership, corporation,
firm, company, association, governmental entity, trustee, receiver,
assignee or similar representative.
(5)Â
The term "shall" or "must" is always mandatory.
B.Â
References to codes, ordinances, resolutions, plans, maps, standards,
regulations, documents, lists, governmental bodies, commissions or
agencies or officials are to codes, ordinances, resolutions, plans,
maps, standards, regulations, documents, lists, governmental bodies,
commissions or agencies or officials of the Borough or the Commonwealth
of Pennsylvania as in effect or office from time to time including
amendments thereto or revisions or successors thereof, unless the
text indicates another reference is intended.
The following words and phrases shall have the particular meaning
assigned by this section in the appropriate sections of this chapter.
An improved cartway designed and constructed to provide for
vehicular movement between a public or private road and the off-street
parking and/or loading area for any use other than one single-family
dwelling unit or farm.
That portion of an access drive in which exiting vehicles
queue at a traffic control point along which there is no conflicting
vehicle access point, or that portion of an access drive in which
entering encounter no conflicting vehicle access points.
A detached, subordinate building, the use of which is customarily
incidental to that of the principal use and which is located on the
same lot as the principal use.
A dwelling unit that is located within a detached accessory
building of a principal single-family detached dwelling.
A structure associated with an accessory use (e.g., swimming
pools, patios, antennas, tennis courts, garages, utility sheds, etc.).
However, for the purpose of establishing setbacks, any accessory building
larger than 720 square feet shall comply with principal structure
setbacks.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot as the principal use or
building.
The state of being side by side, next to or abutting one
another.
Any of the following, either alone or in combination with
any other use:
An establishment having as a substantial or significant portion
of its stock-in-trade or in which are displayed or viewed, magazines,
periodicals, books, drawings, photographs, videos, paraphernalia,
or other materials that are distinguished or characterized by their
emphasis on depicting, describing, or displaying sexual activities
or conduct or exposed male or female genital areas.
An establishment or place of assembly to which the public is
permitted or invited:
Which has all or a substantial or significant portion of its
stock-in-trade consisting of any the following items, whether alone
or in combination:
Books, magazines or other periodicals as well as films or other
forms of audio or visual representation that are distinguished or
characterized by an emphasis on depiction, description, or display
of sexual activities or conduct or exposed male or female genital
areas;
Instruments, devices or paraphernalia which are designed primarily
for use in connection with sexual activities or conduct; and/or
Wherein coin- or slug-operated or electronically or mechanically
controlled still or motion picture machines, projectors, or other
image-producing devices are maintained to show images, with or without
sound, where the images so displayed are distinguished or characterized
by an emphasis on depiction, description, or display of sexual activities
or conduct or exposed male or female genital areas;
Which features male and/or female entertainers who engage in
activities such as topless or bottomless dancing or stripping, or
persons whose performance or activities include simulated or actual
sex acts; and/or
Which offers its patrons any other retail goods, services, or
entertainment which is characterized by an emphasis on matter or activities
relating to, depicting, describing or displaying sexual activity or
conduct or exposed male or female genital areas.
The following specific uses are examples of adult uses, but
shall not be considered the only types of adult uses.
ADULT BATH HOUSEAn establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy during which specified anatomical areas are displayed or specified sexual activity occurs. This definition shall not apply to hydrotherapy treatment practiced by, or under the supervision of a medical practitioner. A medical practitioner, for the purpose of this chapter, shall be a medical doctor, physician, chiropractor or similar professional licensed by the Commonwealth of Pennsylvania.
ADULT BODY PAINTING STUDIOAny establishment or business which provides the service of applying paint or other substance, whether transparent or nontransparent, to or on the human body when specified anatomical areas are exposed.
ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:
Books, films, magazines or other periodicals or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction or description of specified sexual activities
or specified anatomical areas;
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
ADULT CABARETA nightclub, theater, bar or other establishment which features live or media representations of performances by topless or bottomless dancers, go-go dancers, exotic dancers, strippers, or similar entertainers, where such performances are distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.
ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor, professional physical therapist, or massage therapist who is both nationally certified in the therapeutic massage by the National Certification Board for Therapeutic Massage and Bodywork, and who is a professional member with active status in good standing of the American Massage Therapy Association.
ADULT MINI MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of more than five, but less than 50, persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MODEL STUDIOAny place where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity, except that this provision shall not apply to any "figure studio" or "school of art" or similar establishment which meets the requirements established in the Education Code of the Commonwealth of Pennsylvania for the issuance or conferring of, and is in fact authorized thereunder, to issue and confer a diploma.
ADULT MOTELA motel or similar establishment offering public accommodations for any consideration, which provides patrons with material distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE ARCADEAny place to which the public is permitted or invited wherein coin- or slug-operated or electronically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION PICTURE THEATERAn enclosed or unenclosed building with a capacity of 50 or more persons used for presenting any form of audio or visual material, and in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities or specified anatomical areas.
ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.
ADULT OUTCALL SERVICE ACTIVITYAny establishment or business which provides an outcall service which consists of individuals leaving the premises upon request or by appointment to visit other premises for a period of time for the purpose of providing any service during which time specified anatomical areas are displayed or specified sexual activity occurs.
ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity or exposing specified anatomical areas, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.
ADULT THEATERA theater, concert hall, auditorium or other similar establishment, either indoor or outdoor in nature which regularly features live performances which are distinguished or characterized by an emphasis on specified sexual activities or by exposure of specified anatomical areas for observation by patrons.
Any other business or establishment which offers its patrons
services or entertainment characterized by an emphasis on matter depicting,
describing or relating to specified sexual activities or specified
anatomical areas.
The tilling of the soil, the raising of crops, horticulture,
and the keeping or raising of livestock such as alpacas, birds, beaver,
bees, cattle, chinchilla, cows, deer, emus, fish, fowl, foxes, hogs,
horses, lynx, sable, sheep, goats, llamas, mink, ostriches, peacocks,
potbelly pigs, poultry, rabbits, raccoons, seal, shellfish and other
similar animals for commercial distribution. This definition also
includes commercial greenhouses and mushroom houses, the processing
and retail sale of goods produced on the farm, uses devoted to research
into agricultural technology that would change the conduct of normal
farming operations and custom work. For the purposes of this definition,
"custom work" shall mean the hiring of another person or agency who
does not reside on the subject property to perform one or more activities
necessary to the function of the principal farm use as a whole. This
definition of "agriculture" does not include concentrated animal feeding
operations, concentrated animal operations, commercial produce operations
and gardening, each, as defined herein.
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into flight through the air.
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
or navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon.
PRIVATE AIRPORTAn airport that is privately owned and which is not open or intended to be open to the public, as defined in 74 Pa.C.S.A. § 5102.
PUBLIC AIRPORTAn airport that is either publicly or privately owned and that is open to the public as defined in 74 Pa.C.S.A. § 5102.
A minor right-of-way, privately or publicly owned, primarily
for service access to the rear or sides of properties.
Any exterior structural addition to a building; any renovation
to a building which would change its use; any change or rearrangement
in the structural parts of a building such as bearing walls, columns,
beams or girders, joists or rafters, or enclosing walls; the moving
of a building from one location or position to another.
Any device installed as an accessory use that supplies energy
principally for the principal use of the property that is derived
from natural sources (e.g., solar panels, wind turbines, hydro turbines,
geothermal exchangers and similar and emerging technologies). This
definition shall expressly exclude outdoor furnaces, as defined herein.
A commercial establishment which provides as a principal
use, amusement devices and/or games of skill or chance (e.g., pinball
machines, video games, skeet ball, electronic or water firing ranges
and other similar devices). This definition does not include the use
of less than eight such devices as an accessory use.
A principal use designed and operated for public amusement
and education that features a self-contained and secure setting that
enables visitors:
Permanent amusement structures, rides, or activities;
Venues for cultural, sports, entertainment and educational activities;
Cages, habitats and exhibits of domestic and/or exotic animals
and plants;
Museums, planetariums and other similar exhibits for cultural
and educational display; and
Accessory comfort and leisure facilities (dining, rest rooms,
offices, first aid, and other similar activities) for those visiting
the park.
A standardized measure that enables regulation of density
or intensity of animal population upon an area of land. One AEU is
equivalent to 1,000 pounds of animal(s), including both animals customarily
raised as livestock as well as animals kept as pets.
Any establishment offering veterinary services. Animal hospitals
can treat all types of animals and can include overnight boarding
of animals.
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors,
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for zoning
approval, for the approval of a subdivision plat or plan, or for the
approval of a land development plan.
The two-dimensional measurement of space between known lines
or boundaries.
BUILDING AREAThe total area of all buildings (principal and accessory) taken on one or more horizontal planes that are directly between the ground and the sky, exclusive of awnings, terraces, and steps (e.g., top view).
GROSS FLOOR AREAThe sum of the floor areas of a building as measured to the outside surfaces of exterior walls and/or all areas intended for the conduct of a use.
GROSS LOT AREAThe total surfacial area contained within the lot lines of a lot, exclusive of exterior public rights-of-way.
HABITABLE FLOOR AREAThe sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, basement, bedroom, bathroom, family room, closets, hallways, stairways, and foyers, but not including cellars or attics, service or utility rooms, nor unheated areas such as enclosed porches.
LOT AREAThe total surfacial area contained within the lot lines of a lot, exclusive of public rights-of-way, public and private streets and the following features:
Street rights-of-way;
Ultimate rights-of-way;
Access easements serving another principal use;
Sanitary sewer and water easements serving another principal
use;
Gas pipeline easements and/or rights-of-way;
Land within easements and/or rights-of-way for overhead electric
transmission lines 66 KV and greater;
Stormwater management facilities, pipes and/or swales intended
to serve another principal use;
Permanent and open bodies of water;
Wetlands as regulated as delineated under the terms of § 315-15C(9)(a) of Chapter 318, Subdivision and Land Development; and/or
Slopes of 25% or greater.
MINIMUM LOT AREAThe least amount of lot area required to be associated with a principal use as specified within this Zoning Ordinance.
RETAIL SALES AREAThe total area of use which is devoted to the display of goods and/or services, including aisles, to prospective patrons.
The total land area proposed to be used for and/or within
any, and all, of the following:
Except as modified by Subsection C below, any area within the lot proposed for development that is within 15 feet of any or all of the following existing or proposed features:
Any areas within the lot proposed for development that are within
10 feet of any existing or proposed gravel or paved areas, including
gravel or paved driveways;
Any areas within the lot proposed for development that are within
40 feet of the rear of the principal building; and
Any areas proposed to be graded, cleared or otherwise altered
that are 500 square feet or greater in size.
That part of a building which is immediately below and completely
or partly within the roof framing. Within a dwelling unit, an attic
shall not be counted as floor area unless it is constructed as or
modified into a habitable room by the inclusion of dormer windows,
an average ceiling height of five feet or more, and a permanent stationary
interior access stairway to a lower building story.
A principal commercial use at which items are imported for
public or private sale during a competitive bidding process. This
use shall also expressly include a cafeteria or refreshment counter,
provided such use is contained completely within an enclosed building
and patrons are limited to those participating in the auction. This
term shall not include automobile auctions as defined below.
A building containing a stage and/or screen and seating for
meetings, performances, or screening of movies.
A use whereby passenger vehicles are offered for wholesale
and/or retail sales at prearranged sales during a competitive bidding
process.
Any area of land, including structures thereon, that is used
for the retail sale of gasoline or any other passenger motor vehicle
fuel and oil and other lubricating substances, including any retail
sales of passenger motor vehicle accessories, which may not include
major repairing, body and fender work, painting, vehicular sales,
nor rental or automatic car washes.
See definition of "parking compound."
See "passenger motor vehicle sales." Any building or land
devoted to the retail sales leasing and/or rental of passenger vehicles,
including accessory service and repair facilities if conducted within
a completely enclosed building.
See passenger motor vehicle service. The retail repair, servicing,
maintenance and reconstruction of passenger vehicles, provided that
the washing of passenger vehicles as a principal use is excluded from
this definition. (See "car wash.")
A use whereby passenger vehicles are stored awaiting transport
to a different location.
Principal uses devoted to the receipt, saving, loaning, distribution,
investment, and transfer of money, currency and wealth. This use shall
expressly include uses commonly known as banks, credit unions, savings
and loan associations, savings banks, investment companies, philanthropic
foundations, or the offices of an investment manager, investment banker,
or securities broker or dealer. For the purpose of this chapter, this
term shall exclude pawn shops and non-bank operations that provide
check-cashing services and advances on pay checks.
A space with less than half of its floor-to-ceiling height
above the average finished grade of the adjoining ground and with
a floor-to-ceiling height of greater than 6Â 1/2 feet.
A single-family detached dwelling, where between one and
five sleeping accommodations are rented to overnight guests on a daily
basis for periods not exceeding two weeks. Breakfast may be offered
only to registered overnight guests.
The raising or keeping of bees within a man-made enclosure
(beehive) for hobby or business purposes.
An off-premises sign which directs attention to a product,
service, business, or cause.
Palmyra Borough.
The governing body of Palmyra Borough, Lebanon County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for Palmyra Borough.
An individual other than a member of a family occupying a
dwelling unit or owning a lodging facility who, for compensation,
is furnished sleeping accommodations within such dwelling unit or
lodging facility, and who also may be furnished meals or other domestic
services in return for compensation.
A building or portion thereof arranged or used for sheltering
or feeding, or both, as a gainful business, for four but not more
than 10 boarders. This term includes single-room occupancy residences
(SROs), tourist homes and rooming houses.
The process of reproducing hard copies of printed materials
including all aspects of production, collation, assembly packaging
and distribution.
The deposition of liquid, gas, powder or other granular material
within a sealed container.
An industrial facility where more than 15,000 barrels of
malt or brewed beverages are produced on the premises and then sold
or distributed for off-premises consumption. A brewery may also contain
a brewery pub.
MICROBREWERYA facility where more than 250 barrels and less than 15,000 barrels (a barrel is approximately 31 gallons) of malt or brewed beverages are produced on the premises and then sold or distributed for off premises consumption. A microbrewery may also contain a brewery pub.
A retail establishment with on premises consumption of malt
or brewed beverages produced at, and owned by the brewery in the same
premises, or immediately adjacent premises, and which is licensed
by the Pennsylvania Liquor Control Board. A brewery pub may also sell,
for on-premises consumption, wine manufactured by the holder of a
Pennsylvania limited winery license.
A continuous strip of land that is clear of all buildings and paved areas and is landscaped in accordance with § 380-44 of this chapter.
A carriage drawn by a horse that is commonly used by plain
sects as a mode of transport and travel.
Any structure with a roof intended for shelter or enclosure
of persons, animals or property.
The total area of all buildings (principal and accessory)
taken on one or more horizontal planes that are directly between the
ground and the sky, exclusive of uncovered porches, awnings, terraces,
and steps (e.g., top view).
The area of a lot that is available for development and free
of restrictions as specified in this chapter.
A building's vertical measurement from the mean level of the natural grade abutting the corners of the building to the highest point of the building, including except as noted in § 380-32, any signs, antennas or other appurtenances.
The longest horizontal measurement of a building.
The actual distance between the closest part of a building including roof overhangs, (excluding those permitted projections listed in § 380-41 of this chapter) and:
Permits issued under the Uniform Construction Code. (Permits
issued under this Zoning Ordinance are "zoning permits.")
A lot, tract, or parcel of land upon which two or more campsites
are located or established, intended and maintained for occupation
by guests, travelers and/or transients in recreational vehicles or
tents.
A plot of ground within a campground intended for occupation
by a recreational vehicle, tent or travel trailer.
The amount of light that will illuminate a surface one foot
distant from a light source to an intensity of one footcandle. Maximum
(peak) candlepower is the largest amount of candlepower emitted by
any lamp, light source, or luminaire.
A roofed structure open on two or more sides for the storage
of motor vehicles.
An animal kept accessory to a principal residence whose occupants
rely upon as a primary mode of transport and travel.
The surface of a street intended and available for use by
vehicular traffic.
A commercial use used to clean the exterior, and sometimes
the interior, of automobiles. There are several types of car washes,
ranging from self-service coin-operated automatic car washes to fee-based
full-service operations.
A facility other than a racetrack and/or an off-track betting
parlor wherein wagering and other lawful gambling activity is conducted
under Pennsylvania law. This use shall include any facility in which
gambling devices, including but not limited to slot machines, video
poker machines, punch boards, and similar devices are located. The
term "lawful gambling activity" shall not include the sale of lottery
tickets in compliance with State Lottery Law.[1]
A retail commercial use devoted to the preparation, packaging
and/or delivery of prepared foods for consumption at another location.
This use shall also expressly include the retail sales of those goods
produced on the site; however, no seating for on-site consumption
shall be permitted.
A space with less than one-half of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6Â 1/2 feet. Within a dwelling
unit, a cellar shall not be counted as floor area.
Land used or intended to be used for the burial of the deceased,
including columbariums, crematoria, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within the boundaries
thereof. This definition shall also include facilities for the burial
of domestic pets.
A statement, signed by the Zoning Officer setting forth that
a building, structure, sign, and/or land complies with this Zoning
Ordinance; or that a building, structure, sign, and/or land may be
lawfully employed for specific uses; or both.
A natural or artificial watercourse with a definite bed and
banks that confine and conduct continuously or periodically flowing
water.
That water that is flowing within the limits of a defined
channel.
A building, structure, or group of buildings or structures,
including accessory uses, designed or intended for public worship.
This definition shall include rectories, convents, cemeteries and
church-related recreation, educational and/or day-care facilities
and orphanages.
A building containing a stage and/or screen and seating for
the public screening of movies.
A building or group of buildings occupied by medical and/or
other licensed practitioners and related services for the purpose
of providing health, dental, emergency medical, wellness, dietary,
social, behavioral, therapeutic, occupational and psychological services
to outpatients. This definition does not include methadone treatment
facilities as defined herein.
An organization catering exclusively to members and their
guests, or premises or buildings for social, recreational and administrative
purposes which are not conducted for profit, provided there are not
conducted any vending stands, merchandising or commercial activities
except as required for the membership of such club. Clubs shall include
but not be limited to, service and political organizations, labor
unions, as well as social and athletic clubs.
Code of the Borough of Palmyra.
Any device that is attached to an existing structure and
used for the transmission or reception of wireless communications
signals for ultimate reception by a radio, television, wireless telephone,
pager, commercial mobile radio service, or any similar device
A principal use offering care or supervision of minors or
adults for a period not to exceed 18 continuous hours that is licensed
by the Commonwealth of Pennsylvania.
A retail business devoted to the raising and/or selling of
trees, ornamental shrubs, flowers, and houseplants for transplanting,
along with the sale of ancillary supplies wherein the preponderance
of the growing operation is indoors.
Words and/or images intended to influence consumer behavior.
An agricultural use whereby plant materials are principally
grown within enclosed buildings, and where such use exceeds a lot
coverage of 10%.
An activity operated as a business, open to the public, for
the purpose of public recreation or entertainment, including but not
limited to, bowling alleys, cinemas, drive-in motion picture facilities,
swimming pools, health clubs, miniature golf courses, museums, etc.
This does not include adult uses, outdoor shooting ranges, amusement
arcades, amusement/theme/zoo parks, automobile and/or animal racing
with or without related wagering facilities, campgrounds, convention
or conference center, gaming operations, golf courses and driving
ranges, off-track betting, slot machine parlors and/or casinos.
See "school, commercial."
A motor vehicle as is defined as a "commercial motor vehicle" under Chapter 16 of the Pa. Vehicle Code.
Any area of land or water, or a combination of land and water,
within a development site designed and intended for use by all residents
of the development or the general public. Land included within the
right-of-way lines of streets and stormwater detention basins with
impervious surfaces shall not be classified as common open space.
Common open spaces shall not include areas devoted to driveways, access
drives, parking lots, street rights-of-way, stormwater detention basins,
required setbacks and private yards.
A parking facility serving multiple uses or properties that
is not owned by one user or property, although it may be owned jointly
by all or some of the users.
A wall used or adopted for joint service between two buildings
or parts thereof.
Any device used for the transmission or reception of wireless
communications signals for ultimate reception by a radio, television,
wireless telephone, pager, commercial mobile radio service, or any
similar device. This term includes, without limitation, omnidirectional
(or whip) antennas and directional (or panel) antennas owned or operated
by any person or entity licensed by the Federal Communications Commission
(FCC) to operate such device. This definition shall not include residential
satellite dishes, television antennas, or antennas for amateur radio
equipment.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas.
A freestanding structure designed and used solely to support
communications antennas.
A building or portion of a building used as a gathering place
or meeting area by local residents of the Borough or development within
which it is located.
A plaza, square, courtyard, park, pocket park, walkway, promenade,
or other outdoor space in which features such as pavers, benches,
gazebos, pergolas, trellises, planters, plantings, lighting, sculpture,
and the like, are installed and maintained for public use and enjoyment.
The conversion of organic matter, such as yard waste, into
fertilizer.
The Palmyra Area Region Comprehensive Plan of 2013.
An agricultural use regulated by the federal government involving
the commercial keeping and handling of livestock quantities with characteristics
in any of the following three criteria:
Three Criteria to Determine CAFO Uses
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Criteria 1
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The proposed agricultural operation exceeds any of the following
animal type thresholds:
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700 mature dairy cows;
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1,000 veal calves;
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1,000 cattle, including but not limited to heifers, steers,
bulls and cow-calf pairs;
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2,500 swine of 55 pounds or more;
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10,000 swine under 55 pounds;
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500 horses;
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10,000 sheep or lambs;
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55,000 turkeys;
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30,000 layers or broiler chickens using a liquid manure handling
system;
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125,000 broiler chickens not using a liquid manure handling
system;
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82,000 layer chickens not using a liquid manure handling system;
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30,000 ducks not using a liquid manure handling system; and/or
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5,000 ducks using a liquid manure handling system.
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Criteria 2
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Any agricultural operation that exceeding one million pounds
of live weight of livestock or poultry.
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Criteria 3
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Any agricultural operation that is a concentrated animal operation
(as defined below) that includes more than 300,000 pounds of live
weight of livestock or poultry.
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An agricultural use determined under Title 25, Chapter 83,
Subchapter D, Section 83.262. of the Pennsylvania Department of Environmental
Protection's Nutrient Management Rules and Regulations involving the
commercial keeping and handling of livestock and/or poultry quantities
with densities exceeding 2,000 pounds per acre suitable for the application
of manure on an annualized basis. Animal weights shall be determined
using Table A within the above-described section.
Real estate, portions of which in accordance with the provisions
of the Pennsylvania Uniform Condominium Act of 1980,[2] are designated for separate ownership and the remainder
of which is designed 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.
A private agreement between the landowner and the Borough
(and possibly other designated persons or parties) that is applied
to property to perpetually protect it from future development.
A specific action that has been identified by one of the
Pennsylvania Natural Diversity Inventory (PNDI) jurisdictional agencies
that can minimize impact upon a special concern species or resource
in the vicinity of the project area.
A plan including a map(s) and narrative that, at a minimum,
describes, outlines an erosion and sedimentation control plan for
an identified parcel of land.
An agreement or correspondence between matters being compared,
which denotes a reasonable, rational, or similar connection or relationship.
The placement of materials and equipment in a defined area
to be assembled, built, applied, and/or demolished in a temporary
or permanent manner, as approved by the designated officials of the
Borough.
The total necessary land area required for all buildings
or uses within a development.
A business which specializes in the retail sales and/or rental
of household products and foods. Although this use may be permitted
by right in some zones, some of the following activities require the
approval of a special exception or conditional use if they are conducted
as part of the convenience store:
Retail sales or rental of books, magazines, videos, software,
and video games, provided that adult uses are expressly prohibited;
Restaurants, including fast-food operations, subject to the requirements of § 380-75 of this chapter, and provided that rest rooms are made available to the public;
Amusement arcades, subject to the requirements of § 380-51 of this chapter;
Automatic bank teller machines;
Photomats and film development dropoff sites;
Laundry, dry cleaning and tailoring dropoff sites;
Lottery sales counters and machines;
Propane fuel sales within no larger than twenty-pound tanks
which must be stored outside of the building at all times;
Dispensing of automobile fuels, oils, compressed air, kerosene, washer fluid, and other auto-related items, subject to the requirements of § 380-56 of this chapter;
Car washes, subject to the requirements of § 380-61 of this chapter; and
Post offices and other parcel delivery dropoff sites.
An assemblage of uses that provide a setting for indoor and
outdoor exhibits and activities to serve various business activities,
meetings, training sessions, entertainment, and recreation on a temporary
basis. This use may include hotels and eating and drinking establishments
as accessory uses.
To change or adapt improved property to a use, occupancy,
or purpose other than what was intended at its time of construction.
The County of Lebanon, Commonwealth of Pennsylvania.
The Lebanon County Planning Department.
Cathode ray tube.
A proposed zoning amendment:
Requested of the Borough Council by any landowner or applicant
who desires to challenge the substantive validity of an ordinance
that prohibits or restricts the use or the development of land in
which the landowner or applicant has an interest; or
Initiated by the Borough Council to cure some known substantial
defect.
The point at which all light rays emitted by a lamp or luminaire
are eliminated (cutoff) at a specific angle above ground.
The angle formed by a line drawn from the direction of light
rays at the light source and a line perpendicular to the ground from
the light source, above which no light is emitted.
A luminaire with elements such as shields, reflectors, or
refractors, or refractor panels which direct and cut off the light
at a cutoff angle that is less than 90°.
A principal use devoted to the:
The offering of care or supervision over minors or adults
for a period not to exceed 18 continuous hours.
DAY CARE, COMMERCIALA principal use offering care or supervision of minors or adults for a period not to exceed 18 continuous hours that is licensed by the Commonwealth of Pennsylvania.
DAY CARE, FAMILYAn accessory use to a detached single-family dwelling principal use offering care or supervision to no more than six different persons during any calendar day for a period not to exceed 18 continuous hours that is registered by the Commonwealth of Pennsylvania. The limit on the number of persons shall not be applied to those who reside on the property.
A term used to express the allowable number of dwelling units
per acre of land exclusive of improved public rights-of-way and rights-of-way
for public and private streets. In the case where a proposed development
with more than one principal use is to rely upon one or more private
access drives rather than streets, the area devoted to the access
drives that serve more than one principal use and any adjoining curbs
and sidewalks shall also be deducted from the calculation of acreage.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
The area encompassing an application or a land development
and any public improvements or common amenities related thereto, whether
or not located on an applicant's property. The development site includes
all areas of disturbance and areas of impact anticipated by, or expected
to result from, the proposed development and the construction of the
public improvements and common amenities.
Light actually seen coming straight from the lamp, reflector,
or reflector diffuser in the luminaire.
A portable structure used and properly maintained by on-site
residents to convert household organic waste into materials useful
for gardening and lawn care.
The noncommercial keeping of no more than four adult nonfarm
animals that are locally available for purchase as pets, as an accessory
use to a primary residential use. Domestic pets shall not include
any species identified as "exotic animals" and "livestock," both as
defined herein nor any animal species that, in the opinion of the
Zoning Officer, poses a threat to the health, safety and/or welfare
of the community.
Electric and/or liquid fuel powered devices that assist in
the maintenance and repair of personal property and one's residence
(e.g., power tools, lawn mowers, chain saws, snow blowers, generators,
compressors, power washers, etc.).
The outside edge of the area located directly beneath the
canopy of a plant upon which rain is intercepted before it falls to
the ground.
Any portion of a building or structure from which business
may be transacted with a customer in a motor vehicle.
An improved cartway designed and constructed to accommodate
vehicular movement between a public road and a tract of land serving
one single-family dwelling unit or a farm.
A use at which articles of clothing, uniforms, linens, sheets,
blankets, tablecloths, draperies, towels, diapers and other fabric
items are delivered to be cleaned with the use of chemical agents
that are generally not water soluble.
Any building or portion thereof designed and used exclusively
for residential occupancy, including those listed below, but not including
hospitals, hotels, boarding, rooming and lodging houses, institutional
houses, tourists courts, and the like, offering overnight accommodations
for guests or patients. All dwellings must be permanently affixed
to a completely enclosed foundation constructed of currently accepted
materials that shall be an entire perimeter wall and extend from below
the frost line to the first floor of the building. Such foundation
shall be constructed to provide sufficient structural integrity to
prevent the building from heaving, shifting, or settling unevenly,
due to frost action. In addition, all dwellings shall be properly
connected to approved and permanently designed sewer, water, electrical,
and other utility systems.
SINGLE-FAMILY DETACHEDA freestanding building containing one dwelling unit for one family. Manufactured homes can be considered single-family detached dwellings if, in addition to the requirements listed for all dwellings, the manufactured home is securely anchored to the permanent foundation, and all of the apparatuses used to transport the unit shall be removed, including the towing hitch. Recreational vehicles shall not be construed as dwellings. Manufactured and modular homes shall be considered single-family detached dwellings so long as they are designed and constructed in accordance with the Uniform Construction Code. (Figure 1)
DUPLEX: (SINGLE-FAMILY SEMI-DETACHED)A freestanding building containing two dwelling units for two families, arranged in a side-by-side (Figure 2) configuration.
TWO-FAMILYA freestanding building containing two dwelling units, arranged in an over-and-under (Figure 3) configuration.
MULTIPLE FAMILYA building containing three or more dwelling units, at least one of which must be located above or below the remaining units. (Figure 4)
QUARDRAPLEXA building containing four dwelling units that each are located on grade that are not arranged in a side-by-side layout.
TOWNHOUSEA building containing between three and eight dwelling units arranged in a side-by-side configuration with two or more common walls. (Figure 5)
A building or portion thereof arranged or designed for occupancy
by not more than one family and having separate cooking and sanitary
facilities.
A sign incorporating LCD, LED, plasma, CRT, pixelized lights,
other video-like displays or other means of changing messages.
Any construction or other activity which disturbs the surface
of the land, including but not limited to excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth. For the
purposes of this chapter, this definition shall not include the tilling
of the soils and cultivation associated with the growing of crops.
A measurement used to compare light output to the power consumed
to operate the lamp.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
The level of the ground adjacent to a structure, storage
area, sign or other improvement.
A use conducted indoors that offers personal amusement and/or
enjoyment through mental engagement. This does not include adult uses,
amusement arcades, amusement/theme/zoo parks, automobile and/or animal
racing with or without related wagering facilities, off-track betting,
slot machine parlors and/or casinos.
All bears, coyotes, lions, tigers, leopards, jaguars, cheetahs,
cougars, wolves and any crossbreed of these animals which have similar
characteristics in appearance or features. The definition is applicable
whether or not the animals were bred or reared in captivity or imported
from another state or nation.
Any one of the following:
A single individual occupying a dwelling unit.
Two or more persons related by blood, marriage, or adoption
occupying a dwelling unit.
Not more than three unrelated persons occupying a dwelling unit.
Not more than eight related or unrelated persons who are the
functional equivalent of a family in that they live together, participate
in such activities as meal planning, shopping, meal preparation, and
the cleaning of their dwelling unit together and who are part of a
community-based residential home that qualifies as a community living
arrangement licensed by the Pennsylvania Department of Public Welfare
or other appropriate federal or state agency having jurisdiction,
where the persons occupying the home are handicapped persons under
the terms of the Fair Housing Amendments Act of 1988, and where the
operator of the home provides room and board, personal care, rehabilitative
services, and supervision in a family environment. The presence of
staff persons in a home meeting this definition shall not disqualify
the group of persons occupying the dwelling unit as a "family."
An accessory use to a detached single-family dwelling principal
use offering care or supervision to no more than six different persons
during any calendar day for a period not to exceed 18 continuous hours
that is registered by the Commonwealth of Pennsylvania. The limit
on the number of persons shall not be applied to those who reside
on the property.
A parcel of land that is used for one or more agricultural
operations (q.v.), including but not necessarily limited to the raising
of agricultural products, livestock, poultry, or the production of
dairy products. A "farm" shall be understood to include a dwelling
unit as well as all structures necessary for the housing of animals,
storage of feed and equipment, and other operations customarily incidental
to farm use.
A business or commercial activity that is conducted as an
accessory use to a principal agricultural or horticultural use.
A retail sales use where more than one vendor displays and
sells raw agricultural products, prepared foods, packaged products
and other similar merchandise on a regularly occurring basis. Farmers
markets can include indoor and outdoor display of merchandise.
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off of the site.
The Federal Communications Commission of the United States
of America.
Material placed or deposited so as to form an embankment
or raise the surface elevation of the land, including but not limited
to levees, bulkheads, dikes, jetties, embankments, and causeways.
Bank, credit union, savings and loan association, savings
bank, investment company, philanthropic foundation, or the office
of an investment manager, investment banker, or securities broker
or dealer. For the purpose of this chapter, this term shall exclude
pawn shops and non-bank operations that provide check-cashing services
and advances on paychecks.
A principal use devoted to the raising of fish for wholesale
distribution and/or wholesale public release.
The assembly that houses a lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole socket, a lamp holder, a ballast, a reflector or mirror and/or
a refractor lens.
A lot permitted under specific requirements of this chapter
whose lot width at its frontage is less than that required at the
building setback line.
A retail sales use where more than one vendor displays and
sells general merchandise that is new or used on a regularly occurring
basis. Flea markets can include indoor and outdoor display of merchandise.
Any light fixture or lamp that incorporates a reflector or
a refractor to concentrate the light output into a directed beam in
a particular direction.
The gross floor area of all buildings on a lot in relation
to the gross lot area.
A unit of light density produced on a horizontal plane stated
in lumens per square foot and measured with a light meter.
The management of forests and timberlands when practiced
in accordance with accepted silviculture principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
An individual, partnership, company, firm, association or
corporation engaged in timber harvesting, including the agents, subcontractors,
and employees thereof.
Any communications antenna, communications tower and/or communications
equipment that is not co-located upon an existing structure.
The line of a lot coincident with an abutting right-of-way
line of a street.
An attribute of a lighting fixture from which no light is
emitted at or above a horizontal plane drawn through the bottom of
the fixture and no more than 10% of the lamp's intensity is emitted
at or above an angle 10° below that horizontal plane, at all lateral
angles around the fixture.
An attribute of a lighting fixture provided with internal
and/or external shields and louvers to prevent brightness from lamps,
reflectors, refractors, and lenses from causing glare at normal viewing
angles.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for:
A funeral chapel or similar gathering place;
Embalming and the performance of other services used in preparation
of the dead for burial;
Cremation of human remains;
The performance of autopsies and other surgical procedures;
The storage of caskets, urns, and other related supplies; and
The storage of funeral vehicles.
Any facility or location at which any lawful gambling activity
other than or in addition to pari-mutuel wagering may be conducted
under Pennsylvania law, including any facility in which gambling devices,
including but not limited to slot machines, video poker machines,
punch boards, and similar devices are located. The term "lawful gambling
activity" shall not include the sale of lottery tickets in compliance
with the State Lottery Law.[3] The incidental use of less than eight amusement devices
and/or games of skill or chance (e.g., pinball machines, video games,
skeet ball, electronic or water firing ranges and other similar devices)
is not considered to be a gaming facility and can be offered at suitable
uses and locations (e.g., restaurants, taverns, nightclubs, commercial
recreation establishments, and similar uses).
An accessory building for the storage of one or more personal
motor vehicles and/or other vehicles all of which must be accessory
and incidental to the primary use of the residential premises.
An occasional and temporary use of a residential lot, wherein
the occupants of the said lot display and offer personal possessions
for sale to the general public.
The growing of plants for personal use as an accessory use
upon a residential site, or the growing of plants for personal use
upon assigned plots located away from the residential site.
Excessive brightness in the field of view that causes loss
of visual performance or annoyance, jeopardizing health, safety, or
welfare.
A golf course with a minimum of 675 yards of play in nine
holes.
An accessory use to a golf course devoted to the practice
of driving golf balls.
A commercial recreational use based upon golf that requires
only a putter and is typically, but not necessarily, lit for night
play.
The Borough Council of Palmyra Borough, Lebanon County, Pennsylvania.
A use that is operated by a duly recognized level of government
(local, state and federal); provided, however, that such use shall
not include solid waste and/or hazardous waste disposal and/or handling
facilities, prisons, and/or hospitals.
A measurement of slope expressed in terms of percentage of
vertical versus horizontal distance.
A retail business devoted to the raising and/or selling of
trees, ornamental shrubs, flowers, and houseplants for transplanting,
along with the sale of ancillary supplies wherein the preponderance
of the growing operation is indoors.
A structure designed or used for the indoor growing of plants,
typically found as an accessory structure to a residence. No sales
may be conducted from the structure, nor may the plants grown in the
greenhouse be sold from the residence as a business operation.
An assemblage of man-made and natural materials that support
vegetation as the principal exposed surface atop a building and are
designed and maintained to offer thermal protection and hydrological
benefit over conventional roofing surfaces.
See the definition of "family" and "dwelling."
Substances that have the potential to damage health or impair
safety. Hazardous substances include, but are not limited to, inorganic
mineral acids, sulphur, fluorine, chlorine, nitrogen, chromium, phosphorous,
selenium, and arsenic and their common salts; lead, nickel, and mercury
and their inorganic salts or metallo-organic derivatives; coal tar
acids, such as phenols and cresols, and their salts; petroleum products;
and radioactive materials. Also included are floatable materials with
the potential to cause physical damage, such as logs, storage tanks,
and large containers.
Any garbage, refuse, sludge from an industrial or other wastewater
treatment plant, sludge from a water supply treatment plant, or air
pollution facility and other discarded material including solid, liquid,
semisolid, or contained gaseous material resulting from municipal,
commercial, industrial, institutional, mining, for 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;
or
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, exposed
of, or otherwise managed.
Any structure, group of structures, aboveground or underground
storage tanks, or any other area or buildings used for the purpose
of permanently housing or temporarily holding hazardous waste for
the storage or treatment for any time span other than the normal transportation
time through the Borough.
A principal use that offers service, support, entertainment,
recreation, leisure and other activities only to club members and
their guests. Such use does not include adult uses, casinos, golf
courses, off-track betting parlors or outdoor shooting ranges, all
as defined herein.
Vehicles and machinery that are not normally associated with
domestic use (e.g., excavation equipment, commercial trucks in excess
of 11,000 pounds gross vehicle weight, cargo and storage containers,
cargo trailers, buses, yachts, farm equipment, mechanized amusement
rides, industrial machinery, and other similar items).
The vertical distance from the ground directly below the
center line of the luminaire to the direct-light-emitting part of
the luminaire.
A family of electric discharge light sources including metal
halide, high-pressure sodium, and mercury vapor lamps.
A structure's vertical measurement from the mean level of the natural grade abutting the corners of the structure to the highest point of the structure, including except as noted in § 380-32, any signs, antennas or other appurtenances.
An accessory use where no more than one helicopter may land/take
off and be stored.
Any area of land or water which is used, or intended to be
used, for the landing and takeoff of helicopter aircraft and any appurtenant
areas which are used, or intended to be used, for heliport buildings
or navigation facilities or rights-of-way, together with all heliport
buildings and facilities thereon.
An accessory use where no more than one helicopter may land/take
off without storage of a helicopter.
An HID light source that typically provides high efficacy
but poor color. The source is considered to be yellow in color by
most people.
The face of exposed overburden and mineral in an open cut
of a surface mining operation or for entry to underground mining activities.
Any site and/or structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
Historic Zone or a zone preliminarily determined by the Secretary
to qualify as a registered Historic Zone;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
The change or adaptation of an historic structure for use
and occupancy for a use other than that generally permitted within
the site's zone.
A facility for the retail sale and/or rental of a combination
of products used in the construction, repair and improvement of homes,
including, but not limited to, lumber, masonry products, exterior
siding, roofing, plumbing fixtures, pipes, electrical supplies, floor
coverings, paints and wall coverings, windows and glass, landscaping
materials, hardware, tools, and other accessories. Home improvement
stores shall always involve outdoor storage of materials; any facilities
that sell the above-described products that do not have outdoor storage
can be considered to offer the general retail sale of goods.
An occupation customarily conducted within a dwelling unit
that is clearly incidental and secondary to the residential use of
the dwelling. The following uses that are expressly prohibited as
home occupations include, but are not limited to, animal hospitals;
commercial stables and kennels; day-care facilities, funeral homes;
tourist homes; restaurants; wholesale sales; storage or mail order
activities in which goods are distributed from the dwelling or property;
the repair, servicing, storage, or rental of motor vehicles; offices
of medical practitioners; clinics; hospitals; and machine and welding
shops.
See "riding stable."
The cultivation of fruits, vegetables, flowers, and ornamental
plants for commercial distribution.
An institution, licensed in the Commonwealth of Pennsylvania,
which renders inpatient and outpatient medical care on a twenty-four-hour-per-day
basis; and provides primary health services and medical/surgical care
to persons suffering from illness, disease, injury, deformity and
other abnormal physical or mental conditions. A hospital use can also
include attached and detached accessory uses, provided that all accessory
uses are contained upon the hospital property.
A building or group of buildings containing rooms for rental
on a transient basis of not more than 30 continuous days nor more
than 60 days within any calendar year. This term excludes "boarding
house," "bed-and-breakfast" and "campground" all as defined herein.
Accommodations provided as an accessory by institutional and educational
uses for their patrons shall not be considered a "hotel;" similarly,
buildings where human beings are housed under legal constraint are
excluded from this term. Hotels are a building or group of buildings
containing rooms for rental on a transient basis whose primary access
is limited through a lobby. Motels are a building or group of buildings
containing rooms for rental on a transient basis whose primary exterior
access occurs at each respective unit. Hotels and motels may also
include related accessory uses primarily directed towards serving
its patrons, including but not limited to dining, recreation, meetings,
gifts, laundry, maid service and other personal services. Mail service
shall be limited to counter service within the facility's lobby and
no individual unit mail boxes, individual unit mail slots or exterior
gang mail boxes shall be permitted. All hotels, motels and similar
lodging facilities shall require a full time on-site staff that operates
24 hours per day and seven days per week and shall not require guests
to sign a lease agreement.
Those wastes in households that are hazardous in nature,
but are not regulated as hazardous waste, under federal and state
laws. Included are such items as old paints and paint-related products,
pesticides, pool chemicals, drain cleaners, and degreasers, car care
products, etc.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub to which the blade is attached.
A surface not readily penetrated by water under normal pressure
associated with rainfall or other typical conditions associated with
the proposed use. These typically include but are not limited to roads,
access drives, interior drives, driveways, buildings, structures,
sidewalks, off-street parking spaces, off-street loading spaces, paved
recreation courts and compacted gravel surfaces.
Any area characterized by any of the following:
Wetlands and wetland buffers as regulated by § 318-15C(9)(a) of Chapter 318, Subdivision and Land Development;[4]
Sensitive carbonate geologic features as listed in § 318-15C(9)(b) of Chapter 318, Subdivision and Land Development;
Known and/or suspected areas of archaeological significance
as identified by the Pennsylvania Historical and Museum Commission;
and
Historic sites as defined herein.
Any structure or paving placed upon land, including the provision
of underground or aboveground utilities, as well as any physical change
to the surface of the land, including but not necessarily limited
to grading, paving, the placement of stormwater management facilities,
sidewalks, street signs, traffic control devices, and monuments. This
definition shall expressly exclude the tilling of soil.
Direct light that is reflected from or has scattered off
of other surfaces.
Any on-site vehicular movement lane(s) that are associated
with a use other than a single-family dwelling and/or farm.
All plants regulated or prohibited under the Controlled Plants
and Noxious Weeds Act, 3 Pa. C.S. § 1501 et seq., and the
applicable regulations of the Pennsylvania Department of Agriculture.
[Amended 4-12-2022 by Ord. No. 815]
International Society of Arboriculture.
Insurance Services Office.
A parking lot that is designed, constructed and operated
on a shared basis by two or more adjoining uses with one or more shared
access drives.
An improved cartway designed and constructed to provide for
vehicular movement between a road and up to four properties, each
of which contain a single dwelling unit.
Used materials, discarded materials, or both, including,
but not limited to, wastepaper, rags, metal, building materials, house
furnishings and appliances, machinery, vehicles or parts thereof,
all of which are being stored awaiting potential reuse or ultimate
disposal.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, vehicles, or parts thereof,
with or without the dismantling, processing, salvage, sale, or other
use or disposition of the same. The term "salvage yard" includes "junkyard,"
but does not include scrap metal processing operations and automobile
shredding establishments. The deposit or storage on a lot of one or
more unlicensed, wrecked, or disabled vehicles, or the major part
thereof, shall be deemed to constitute a "salvage yard." (A disabled
vehicle is a vehicle intended to be self-propelled that shall not
be operable under its own power for any reason, or a vehicle that
does not have a valid current registration plate or that has a certificate
of inspection which has expired.)
An accessory use in which one or more animals are kept for
the purpose of providing the primary mode of transport and travel
for occupants of the site.
Any lot on which three or more nonfarm animals are kept,
boarded, raised, bred, treated, or trained for commercial purposes
or a fee, including but not limited to dog or cat kennels. This definition
shall also expressly include animal rescue and similar emergency treatment
facilities, whether or not they are operated on a commercial basis.
A use devoted to the conduct of experiments, research and
observation associated with scientific study.
A light bulb.
For the sole purpose of use within this Zoning Ordinance,
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 following activities are excluded from this term:
The conversion of an existing single-family detached dwelling
into not more than three residential units, unless such units are
intended to be a condominium;
The addition of an accessory building/use, including farm buildings,
on a lot or lots subordinate to an existing principal residence or
farm;
The addition or conversion of buildings or rides within the confines of an amusement park (q.v.). This exclusion shall not apply to newly proposed or newly acquired areas of an existing amusement park until the initial land development plans for such parks or areas have been approved pursuant to the terms of Chapter 318, Subdivision and Land Development; and
Construction of nonresidential additions or nonresidential accessory
buildings, provided the construction does not result in the following:
Building addition or accessory structure in excess of 2,000
square feet or 10% of the existing building's square footage. Once
the 2,000 square feet or 10% addition has been reached, any further
expansions will require land development approval.
Increase in employees greater that 5% of the existing staff,
except all principal businesses are entitled to add a minimum of two
employees.
Negative stormwater impacts on existing stormwater facilities
or on neighboring properties.
Installation of additional access drives providing vehicular
access to or from a public right-of-way.
Need for DEP Sewer Planning Module or exemption.
Impacts on wetlands.
More than five additional parking spaces.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person who has a proprietary interest in land.
A planting of noninvasive species arranged to form both a
low-level and a high-level barrier between grade and to a height of
six feet. This definition can also include the use of an earthen berm,
provided such berm is covered with noninvasive vegetative materials
that stabilize its slopes and form both a low-level and a high-level
screen between grade and to a height of six feet.
A use at which articles of clothing, uniforms, linens, sheets,
blankets, table cloths, draperies, towels, diapers and other fabric
items are delivered to be cleaned with the use of agents that are
generally water soluble.
A self-service business in which patrons clean, dry clean
and/or dry articles of clothing, uniforms, linens, sheets, blankets,
table cloths, draperies, towels, diapers and other fabric items.
Liquid crystal display.
Light-emitting diode.
Light emitted by a lighting fixture which is cast beyond
the boundaries of the property on which the lighting fixture is situated.
An animal typically bred and raised associated with some
form of agriculture. This term shall expressly include alpacas, birds,
beaver, bees, burrows, cattle, chinchilla, cows, donkeys, emus, fish,
fowl, foxes, goats, hogs, horses, lynx, mules, sable, sheep, goats,
llamas, mink, ostriches, peacocks, potbelly pigs, poultry, rabbits,
raccoons, seal, shellfish, swine, and other similar animals for commercial
distribution.
An off-street space or area having direct usable access to
a street or alley suitable for the loading or unloading of goods for
shipment.
The process of cutting treetops and slash into smaller pieces
to allow material to settle close to the ground.
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. For the purposes of complying with this chapter,
the term "lot" may include more than one lot of record.
LOT, CORNERA property having street frontage along two or more contiguous sides or along a single curved street with an interior angle of less than 135° as measured along the interior edge of the street right-of-way, or in the event of no right-of-way, along the interior edge of the cartway.
LOT, FLAGA lot that relies upon a thin strip of land for street access whose frontage does not satisfy the minimum width requirements for the respective zone, but that said lot has the required lot width away from the street frontage.
LOT, INTERIORA lot with only one street frontage.
LOT, THROUGH/REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
A percentage of the lot area which may be covered with an
impervious surface (e.g., buildings, driveways, parking area, sidewalks).
To the extent a building or structure incorporates a green rooftop
(as defined herein), such area shall not be considered to be impervious.
The horizontal distance measured between the street right-of-way
line and the closest rear lot line measured perpendicular along straight
streets rights-of-way and measured radially along curved street rights-of-way.
On corner and reverse-frontage lots, the depth shall be measured from
the street right-of-way line of the street of address to the directly
opposite lot line.
A recorded boundary line of a lot; however, any line that
abuts a street or other public or quasi-public right-of-way shall
be interpreted as the lot line for the purposes of determining the
location of the setbacks required by this chapter.
LOT LINE, FRONTThe lot line coincident with the right-of-way line of a street.
LOT LINE, REARLot lines that are formed at the outermost edge of any rear yard as defined herein.
LOT LINE, SIDELot lines that are formed at the outermost edge of any side yard as defined herein.
The horizontal distance measured between side lot lines along
the minimum front yard setback line and at the street right-of-way
line. On corner lots, lot width shall be measured between the right-of-way
line for the non-address street and the directly opposite lot line
along the minimum front yard setback line and at the street right-of-way
line along the street of address. In the case of flag lots, only where
specifically permitted within this chapter, lot width shall be the
horizontal distance measured between side lot lines along the front
yard building setback line, as defined herein.
The unit representing the quantity of light being produced
by a lamp or emitted from a luminaire. In the International System,
the lumen is the unit of luminous flux, equal to the amount of light
given out through a solid angle by a source of one candela intensity
radiating equally in all directions.
A complete light fixture, consisting of a light source, optical
reflector and housing, and electrical components for safely starting
and operating the source.
A principal use devoted to the shaping, forming and finishing
of metals into finished products or parts used in other industrial
production and/or assembly.
Notice given by a municipality by first class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing.
A body of surface water that has been constructed with a
bottom and sides generally comprised of natural materials with the
possible exception of an artificial dam or spillway or bottom liner.
Any structure intended for or capable of permanent human habitation, with or without wheels, and capable of being transported or towed from one place to the next, in one or more pieces, by whatsoever name or title it is colloquially or commercially known, but excluding transport trucks or vans equipped with sleeping space for a driver or drivers, and travel trailers. Manufactured homes placed in parks shall meet the requirements for manufactured home parks listed in § 380-93 of this chapter. Manufactured homes placed on individual lots shall be considered "dwellings," and be bound by the requirements there imposed.
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home, which is leased
by the park owner to the occupants of the manufactured home erected
on the lot.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
Production of goods from raw materials, by the assembly of
constituent parts produced elsewhere, or by a combination of these
means, including the final packaging of such goods for sale or shipment.
Includes all activities included in the NAICS (q.v.) list of "manufacturing"
activities except those excluded by the definition of "heavy industry"
as contained herein.
The fecal and urinary excrement of livestock and poultry,
often containing some spilled feed, bedding or litter.
A detached structure or other improvement built to store
manure for future use or awaiting disposal.
An area of land with or without structures where passengers
are routinely collected by and dispatched from buses, trains, subways,
taxicabs or other passenger vehicles (other than aircraft) owned and
operated by a provider of public transportation.
A deciduous tree with a diameter at breast height (DBH) greater
than or equal to 10 inches or a coniferous tree at least 10 feet tall.
The maximum illumination measured in footcandles at a lot
line.
The average height of the sea for all stages of the tide,
using the National Geodetic Vertical Datum of 1929.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A building or group of buildings occupied by medical and/or
other licensed practitioners and related services for the purpose
of providing health, dental, emergency medical, wellness, dietary,
social, behavioral, therapeutic, occupational and psychological services
to outpatients. This definition does not include methadone treatment
facilities as defined herein.
A use that provides a harmonious and balanced mix of medical,
residential, limited commercial and recreational uses, primarily serving
campus residents, and public, quasi-public and medical services for
the off-campus retirement-aged community.
An HID light source that typically provides long lamp life
but poor color and low efficacy compared to other HID sources.
That unit of time in which one complete message is displayed
upon a sign incorporating a dynamic message display.
An HID light source that typically provides good color and
high efficacy.
Any use licensed by the Pennsylvania Department of Health
that administers the drug methadone in the treatment, maintenance
or detoxification of persons.
See "brewery."
The least amount of lot area required to be associated with
a principal use as required by this Zoning Ordinance.
The minimum horizontal distance measured between two identifiable
points.
The extraction of overburden and minerals from the earth;
the preparation and processing of minerals, including any activities
or processes or parts thereof for the extraction or removal of minerals
from their original location and the preparation, washing, cleaning,
crushing, stockpiling or other processing of minerals at the mine
location so as to make them suitable for commercial, industrial or
construction use; the removal of such materials through sale or exchange,
or for commercial, industrial or municipal use; and the disposition
of overburden, tailings and waste at the mine location. Mining shall
expressly exclude the following:
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner.
The extraction of sand, gravel, rock, stone, earth or fill from
borrow pits for highway construction purposes of the Department of
Transportation or the extraction of minerals under construction contracts
with the Department if the work is performed under a bond, contract
and specifications that substantially provide for and require reclamation
of the area affected in the manner provided by the Noncoal Surface
Mining Conservation and Reclamation Act;[5]
The handling, processing or storage of slag on the premises
of a manufacturer as a part of the manufacturing process;
Dredging operations that are carried out in the rivers and streams
of this commonwealth;
The removal and sale of noncoal materials from retail outlets;
The extraction of minerals or other deposits carried out beneath
the surface by means of shafts, tunnels and similar openings; and
The extraction, handling, processing or storing of minerals
from a building construction excavation on the site of the construction
if the minerals removed are incidental to the building construction
excavation, regardless of the commercial value of the minerals. For
purposes of this definition, the minerals removed are incidental if
the excavator demonstrates that:
A building, series of buildings, a portion of one or more
buildings and/or exterior areas divided into separate storage spaces
for personal property and/or property associated with some business
or other organization. These storage spaces shall be used solely for
storage and no processing, manufacturing, sales, research and development
testing, service and repair, or other nonstorage activities shall
be permitted.
See "manufactured home."
See definition of "garage, yard and moving sale," as defined
herein.
See definition of "hotel, motel and similar lodging facilities,"
as defined herein.
A device sensing motion electronically and switching on lighting
for a timed duration.
The Pennsylvania Municipalities Planning Code.[6]
See the definition of "dwelling, multifamily," as defined
herein.
The Borough of Palmyra, Lebanon County, Pennsylvania.
Those uses and facilities designed to furnish necessary support
for the general public health, safety and welfare that are typically
the responsibility of local governments and other locally operated
service agencies and are not operated on a commercial basis. Such
uses shall include, but are not limited to:
Borough offices, meeting halls, garages, and storage yards;
Emergency services comprised of voluntary and/or paid personnel
whose principal function is the dispatch of trained responders to
the general public, under local emergency conditions. Such uses may
include facilities for the housing of personnel while on duty, vehicle
and equipment storage areas, training facilities and accessory meeting,
cafeteria, banquet, stage, recreation, shooting range and/or other
fund-raising amenities, all of which must be conducted within a totally
enclosed building. Accessory parks, athletic facilities and fairgrounds
are also permitted. Suitable examples include, but are not limited
to, police departments, sheriff stations, fire companies, forest fire
agencies, ambulance companies, emergency medical services, advanced
life support, search and rescue, national guard and civil defense.
This definition does not include prisons or outdoor shooting ranges;
Indoor community service uses and activities, including meeting
rooms, classrooms, theaters, auditoriums, banquet and social halls,
scout cabins, libraries, museums and galleries of materials that are
not for sale, clubhouses, accessory cafeterias and kitchens, and other
similar uses;
Outdoor community service facilities and activities, including
fair grounds, community bulletin boards and other similar uses; and
Uses accessory to the above permitted uses, including parking
and loading spaces, signs, offices, rest rooms, maintenance equipment
storage areas and buildings, lights, waste receptacles and dumpsters,
bleachers, and other similar uses.
An institution in the service of society and of its development,
open to the public, which acquires, conserves, researches, communicates
and exhibits, for the purpose of study, education and enjoyment, the
tangible and intangible evidence of people, their history and environment.
The point directly below the luminaire when the luminaire
is pointed straight down at a zero-degree angle.
The North American Industrial Classification System, as developed
and maintained by the U.S. Bureau of the Census.
An area of land with 43,560 square feet, exclusive of public
rights-of-way, public streets and private streets with access easements
serving other properties. In the case where a proposed development
with more than one principal use is to rely upon one or more private
access drives rather than streets, the area devoted to the access
drives that serve more than one principal use and any adjoining curbs
and sidewalks shall also be deducted from the calculation of acreage.
Structures, including substantial improvements thereto, for
which the start of construction commenced on or after the effective
date of this chapter.
Any building whose principal use is the regular offering
of live entertainment along with the offering of on-site consumption
of food and beverages, including alcoholic beverages. Additionally,
nightclubs may offer the retail sale of carry-out beer and wine as
an accessory use. For the purposes of this definition, "live entertainment"
is meant to include the use of disc jockeys for the purposes of supplying
musical entertainment and an "under 21" club which features entertainment.
This use does not include adult uses, casinos or gaming facilities
as defined herein.
The hours between civil sunset and civil sunrise.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
all of 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 inventorying 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 zone in which it is located by reasons
of such adoption or amendment.
A structure or part of a structure that does not comply with
the applicable extent of use or bulk provisions in this Zoning Ordinance
or amendment heretofore or hereafter enacted. 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 in this Zoning Ordinance or amendment
heretofore or hereafter enacted where such use was lawfully in existence
prior to the enactment of such ordinance, or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
Any aspect of a land use that does not comply with any size,
height, bulk, setback, distance, landscaping, coverage, screening,
or any other design or performance standard specified by this Zoning
Ordinance, where such dimensional nonconformity lawfully existed prior
to the adoption of this chapter or amendment thereto, or when such
nonconformity is the result of the acquisition of land and/or rights-of-way
by a governmental agency.
Plants identified by the Pennsylvania Department of Agriculture's
Noxious Weed Control list. The following lists the current known species:
(Source: http://www.pacode.com/secure/data/007/chapter110/s110.1.html)
| |
Cannabis sativa L, commonly known as Marijuana
| |
Cirsium arvense, commonly known as Canadian thistle
| |
Rosa multiflora, commonly known as Multiflora rose
| |
Sorghum halepense, commonly known as Johnson grass
| |
Polygonum perfoliatum, commonly known as Mile-a-Minute Vine
| |
Pueraria lobata, commonly known as Kudzu-vine
| |
Cirsium vulgare, commonly known as Bull or spear thistle
| |
Carduus nutans, commonly known as Musk or Nodding thistle
| |
Sorghum bicolor, commonly known as Shattercane
| |
Datura stramonium, commonly known as Jimsonweed
| |
Lythrum salicaria, commonly known as Purple loosestrife, including
all cultivars
| |
Heracleum mantegazzianum, commonly known as Giant hogweed
| |
Galega officinalis, commonly known as Goatsrue
|
Facilities designed for the housing, boarding, and dining
associated with some level of nursing care.
An off-street area provided for the loading or unloading of goods and/or materials that has direct usable access to a use's loading docks and/or doors and is connected to a street or alley by an access drive subject to the requirements listed in § 380-37 of this chapter. This definition shall also expressly include any area that directly adjoins the loading docks and/or doors that is necessary for the vehicles to maneuver into place with the use's loading docks and/or doors. This definition shall not include the access drives on the site that do not directly adjoin the loading docks and/or doors unless they require vehicles to move in a reverse direction to negotiate access to and from the loading docks and/or doors.
An accessory use in which required and, potentially, additional parking spaces are provided subject to the requirements listed in § 380-38 of this chapter.
A facility other than a racetrack wherein pari-mutuel wagering,
but no other lawful gambling activity, is conducted.
A building or a space in a building, the primary use of which
is the conduct of the affairs of a business, profession, service,
or government, including administration, recordkeeping, clerical work,
and similar business functions. An office shall not involve manufacturing,
fabrication, production, processing, assembling, cleaning, testing,
repair, or storage of materials, goods, or products, except that office
supplies necessary for the operation may be stored as an incidental
use. An office shall only involve the incidental sales or delivery
of any materials, goods, or products physically located on the premises.
On-lot sewer service is the disposal of sewage by use of
septic tanks, or other safe and healthful means within the confines
of the lot on which the use is located as approved by the Pennsylvania
Department of Environmental Protection.
The provision of water to a single user from a source located
on the user's lot.
Any area of land or water, or a combination of land and water,
within a development site that is free of improvement and impervious
surfaces. Open spaces shall not include, among other things, areas
devoted to buildings, structures, driveways, access drives, parking
lots, street rights-of-way, and/or stormwater detention basins, but
can include required setbacks and private yards.
An accessory use that:
A building or group of buildings designed for and intended
to provide housing facilities for minors, who are in need of direct
care in lieu of that available from their parents. The facility may
include accessory medical facilities intended to serve the residents
of the orphanage but not the general public.
An accessory use to a principal residence which is improved
for the use by residents and their guests to engage in recreational
sport.
A facility designed and constructed that is not completely
enclosed within a building that allows for the safe discharge of firearms
and other projectile-type weapons (e.g., guns, rifles, shotguns, pistols,
air guns, archery crossbows, etc.) by persons for the practice of
marksmanship, recreation, competition, skill development, training,
or any combination thereof. Nothing within this definition shall be
construed to include hunting when conducted in accordance with the
rules and regulations of the Commonwealth of Pennsylvania.
A separate lot within a planned center that relies upon the
planned center's circulation system for vehicular access.
The strata or material overlying a noncoal mineral deposit
or in between noncoal mineral deposits in its natural state and material
before or after its removal by surface mining.
An off-street parking space designed to accommodate a vehicle
with one or more of the following characteristics:
Commonwealth of Pennsylvania.
Pennsylvania Department of Conservation and Natural Resources.
Pennsylvania Department of Environmental Protection.
Pennsylvania Department of Transportation.
The enclosure of products into sealers, containers, wrappers,
boxes or other suitable protective coverings for shipping, distribution
and/or sales.
A principal business use at which passenger vehicles are
parked in rented spaces on an hourly, daily, monthly or continuous
basis.
A use provided by the Borough, Lebanon County and/or the
Commonwealth of Pennsylvania that is devoted to the daily storage
of passenger vehicles who engage in some form of mass transit and/or
carpooling.
An accessory use in which required and additional parking spaces are provided subject to the requirements listed in § 380-38 of this chapter.
An off-street space available for the parking of one motor
vehicle and having usable access to a street or alley.
Those facilities designed and used for recreation purposes
by the general public that are not operated on a commercial basis.
This definition is meant to include the widest range of recreational
activities, excluding adult uses, amusement arcades, amusement or
theme parks, gaming facilities, golf courses, off-track betting facilities,
racetracks, and shooting ranges. Such uses may include:
Outdoor park and recreation facilities, including athletic fields,
courts, playgrounds, open play areas, stadiums, skating rinks, skateboard,
stunt-bicycle or BMX-bicycle courses, and other similar uses;
Indoor recreation facilities, including community centers, gymnasiums,
weight and fitness rooms, tennis courts, gymborees, game rooms, bowling
alleys, skating rinks, locker rooms, and other similar uses;
Outdoor passive recreation facilities, including picnic pavilions,
hiking, biking and fitness trails, park benches, fountains, statues
and other memorials, barbecue grills, ponds, natural and cultural
exhibits, amphitheaters, navigable and intermittent waters, publicly
operated scenic sites and other similar uses;
Indoor community service uses and activities, including meeting
rooms, classrooms, theaters, auditoriums, banquet and social halls,
scout cabins, libraries, publicly operated historic sites, museums
and galleries of materials that are not for sale, clubhouses, accessory
cafeterias and kitchens, and other similar uses;
Outdoor community service facilities and activities, including
fairgrounds, community bulletin boards, and other similar uses;
Indoor and outdoor swimming pools, including related amenities
like bathhouse, wading pools, spas, snack bars, and other similar
uses; and
Uses accessory to the above permitted uses, including parking
and loading spaces, signs, offices, rest rooms, maintenance equipment
storage areas and buildings, lights, waste receptacles and dumpsters,
bleachers and other similar uses.
A person who works less than 20 hours per week or less than
1,000 hours per year at a farm occupation.
A passenger vehicle that is less than 26,001 pounds gross
vehicle weight (weight of vehicle with rated passenger and/or load
capacity) that is used and licensed as the principal mode of conveyance
by the occupants of a residential premises upon the public road system.
This definition shall expressly exclude race vehicles, stake-body
trucks, dump trucks, panel trucks, tractor trailers, commercial trucks
and heavy equipment.
Any building or land devoted to the retail sales leasing
and/or rental of passenger motor vehicles, including accessory service
and repair facilities if conducted within a completely enclosed building.
The retail repair, servicing, maintenance and reconstruction
of passenger motor vehicles, provided that the washing of passenger
vehicles as a principal use is excluded from this definition. (See
"car wash.")
A condition of surface in which man-made materials are applied
resulting in a durable, smooth, stable and dust-free surface over
which vehicles and pedestrians may pass. This definition shall expressly
include asphalt, bituminous, concrete, masonry, gravel, permeable,
geo-grids and other similar materials, provided they are applied with
sufficient depth and base to achieve the required durable, smooth,
stable and dust-free surface.
An individual, partnership, corporation, limited liability
corporation, limited liability partnership, firm, company, association,
governmental entity, trustee, receiver, assignee, or similar representative.
A licensed vehicle that is meant to be attached to a passenger
vehicle for the purposes of transporting personal property upon the
public road system.
A passenger vehicle owned or leased by an occupant of a residential
dwelling unit.
A principal use (excluding adult uses) including barber shops,
beauty and tanning salons, dry-cleaning and laundry pickup and dropoff
facilities, music, art, dance and photographic studios, the repair
of clocks and small appliances and similar activities. This use shall
not include "adult uses" as defined herein.
Any substance or mixture of substances intended for use in
preventing, destroying, repelling, sterilizing, or mitigating any
insects, rodents, nematodes, predatory animals, fungi, weeds, or other
forms of plant or animal life.
Oil or petroleum of any kind and in any form, including crude
oil and derivatives of crude oil. It may be alone, as a sludge, as
oil refuse, or mixed with other wastes.
Pennsylvania Historical and Museum Commission.
An electronic device that turns the luminaire on at dusk
and off at dawn.
A freestanding sign that is associated with a coordinated
development of more than one land use all sharing common vehicle access
and off-street parking.
The Planning Commission of Palmyra Borough.
A video display technology that relies upon the electric
excitation of phosphors to emit light.
An accessory use to a residence comprised of a structure
(freestanding or otherwise) with one or more components and supportive
members which in whole or part is intended for use or play by children,
including but not limited to tree houses, swingsets, sliding boards,
jungle gyms, climbers, seesaws, rockers, nonportable sand boxes, big
toys, modular playsets, etc.
The Pennsylvania Natural Diversity Inventory.
Portable containers that are used for temporary storage of
personal property of occupants on the site during times of transition
(e.g., remodeling, moving, construction, emergency).
A principal use devoted to the creation, storage, conversion,
distribution and transmission of electrical energy for use at another
location.
The property upon which the activity is conducted as determined
by physical facts rather than lot lines. It is the land occupied by
the buildings or other physical uses that are necessary or customarily
incident to the activity, including such open spaces as are arranged
and designed to be used in connection with such buildings or uses.
The following are not considered to be a part of the premises on which
the activity is conducted, and any signs located on such land are
to be considered off-premises advertising:
Any land which is not used as an integral part of the principal
activity, including land which is separated from the activity by a
roadway, highway, or other obstruction, and not used by the activity;
and extensive undeveloped highway frontage contiguous to the land
actually used by a commercial facility, even though it might be under
the same ownership.
Any land which is used for, or devoted to, a separate purpose
unrelated to the advertised activity.
Any land which is in closer proximity to the highway than to
the principal activity, and developed or used only in the area of
the sign site or between the sign site and the principal activity
and whose purpose is for advertising purposes only. In no event shall
a sign site be considered part of the premises on which the advertised
activity is conducted if the site is located on a narrow strip of
land which is nonbuildable land, or is a common or private roadway,
or is held by easement or other lesser interest than the premises
where the activity is located.
Land used for agricultural purposes that contains soil of
the first, second, or third class as defined by the latest edition
of the United States Department of Agriculture Natural Resource and
Conservation Services Lebanon County Soil Survey.
A principal use operated by Lebanon County devoted to the
collection, sorting, storage, transport and disposal of solid waste.
See "school, private."
Pertaining to a systematic modification through mechanical,
physical, chemical, and/or energy forces.
A formal meeting held pursuant to public notice by the governing
body or the planning agency, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the Sunshine Act.[7]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days, and the second publication shall not
be less than seven days from the date of the hearing. Public notice
for rezoning, special exception, conditional use and/or variance requests
shall also include the posting of a sign at conspicuous locations
along the perimeter of the subject property deemed sufficient by the
Borough to notify potentially interested citizens. These sign(s) shall
be posted at least one week prior to the hearing and will exhibit
the nature, date, time, and location of the hearing. Once posted in
accordance with the requirements of the Act, the Borough, absent actual
notice, shall not be responsible for loss or destruction of sign(s)
due to vandalism or an act of God.
See "school, public."
A municipal sanitary sewer or a comparable common or package
sanitary facility approved and permitted by the Pennsylvania Department
of Environmental Protection. Such systems are capable of serving multiple
users.
Use or extension thereof which is operated, owned or maintained
by a municipality or municipal authority or which is privately owned
and requires a "certificate of convenience" approved by the Pennsylvania
Public Utility Commission for the purpose of providing public sewage
disposal and/or treatment; public water supply, storage and/or treatment;
or for the purpose of providing the transmission of energy or telephone
service.
A municipal water supply system, or a comparable common water
facility approved and permitted by the Pennsylvania Department of
Environmental Protection. Such systems are capable of serving multiple
users.
Any natural or artificially produced substance which emits
radiation spontaneously.
An area of land designed and maintained to offer on-site
stormwater regeneration. Within off-street parking lots, the use of
rain gardens must include interconnected drains with the site's stormwater
management system that prevent the overflow of stormwater at each
of the respective rain garden locations.
A vehicle which is:
Built on a single chassis;
Not more than 400 square feet, measured at the largest horizontal
projections;
Designed to be self-propelled or permanently towable; and
Designed for recreation and/or human occupancy solely under
transient circumstances (e.g., vacations, camping, seasonal recreation,
temporary visitation, but expressly excluding residency and migrant
employment).
A use devoted solely to the collection of discarded materials
that have entered a reasonably continuous process whereby their reuse
is foreseeable, for processing and disposal at another location.
A use that specializes in the collection and processing of
discarded materials that have entered a reasonably continuous process
whereby their reuse is foreseeable.
The temporary transfer of goods for compensation.
To fix or rehabilitate an object to its intended condition
and/or function.
The nontransient occupancy of a dwelling unit by one family
for a continuous period of 30 or more days. In order for the occupancy
of a dwelling unit to be considered residential occupancy, such dwelling
unit shall be owner-occupied or shall be leased for a period of not
less than 30 continuous days.
[Added 4-12-2022 by Ord. No. 815]
An accessory use involving any structure and inflatable device
used for swimming, not located within a completely enclosed building,
and containing, or normally capable of containing, water to a depth
at any point greater than 24 inches. Farm ponds, stormwater basins
and/or lakes are not included, provided that swimming was not the
primary purpose for their construction.
An establishment that serves prepared food primarily on nondisposable
tableware, but can provide for incidental carry-out service so long
as the area used for carry-out service does not exceed 5% of the total
patron seating area nor 80 square feet (whichever is less). Restaurants
may offer incidental live entertainment.
An establishment that serves prepared food generally packaged
in paper wrappers and/or disposable plates and containers. Such food
can be consumed either on or off of the site.
Pertaining to the general public availability for purchase
and personal use and/or consumption.
A use devoted to the display and retail transfer of ownership
and/or rental of goods and products. This term shall not include "adult
uses" as defined herein.
A man-made structure used to stably contain land at a location
of substantial elevation change.
A principal use at which the operator offers services and
facilities to board, train, and exercise horses that are owned by
nonresidents of the subject property. This use also expressly includes
the recreational riding of horses for a fee, riding lessons, periodic
competitions and similar events related to the care, use and enjoyment
of horses.
An area secured for public use and which may, but need not,
be improved with streets, utilities, stormwater management facilities,
traffic control facilities, curbs, sidewalks, bicycle lanes or paths,
streetlights, and similar improvements for public benefit or enjoyment.
The existing width or area of land currently owned by the
Borough, the state, or some other public agency or authority.
The width or area of land necessary to accommodate present
or future public improvements.
An accessory business or commercial activity that is conducted
within an accessory structure of a principal single-family detached
dwelling.
The latest version of the Borough's Subdivision and Land
Development Ordinance.[8]
A use devoted to the transfer of ownership and/or rental
of goods and products. This term shall not include "adult uses" as
defined herein.
A device incorporating a reflective surface which is solid,
open mesh or bar-configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses.
That range of horizontal directions the installed satellite
dish antenna must be aimed to send or receive signals. These directions
are usually expressed as degrees from true North. The adjacent diagram
illustrates a range of azimuth alignments between 170.1° and 252.3°.
That range of vertical directions the installed satellite
dish antenna must be aimed to send or receive signals. These directions
are usually expressed as degrees above the horizon. The adjacent diagram
illustrates a range of elevation alignments between 11.4° and
43.8°.
The combination of azimuth and elevation alignments needed
for an installed satellite dish antenna to send or receive signals.
The area within a direct line between the satellite dish
antenna and an orbiting satellite and or a fixed terrestrially based
sending station. For the satellite dish to remain unimpaired, this
reception window must be kept relatively free from obstructions.
A principal use devoted to the processing of natural wood
products into semifinished products for wholesale distribution.
A principal use in which supervised education or instruction
is offered according to the following categories:
COMMERCIAL SCHOOLA school not operated by a public agency that can offer any of a wide range of curriculums including, but not limited to, all levels of academic, business and technical instruction and training in artistic, dance, baton-twirling, athletic, martial arts, musical, gymnastics, cosmetology and other similar activities. Commercial schools are principal uses that are neither home occupations nor day-care operations. These uses shall not include vocational and/or mechanical trade schools as defined in this chapter. Nursery schools shall be considered commercial school if they are operated as a business.
PRIVATE SCHOOLA school that offers elementary, secondary, postsecondary, postgraduate, or any combination thereof, education that may, or may not, be operated as a gainful business, and is not operated by the school zone or another governmental agency.
PUBLIC SCHOOLA school licensed by the Department of Education for the purpose of providing elementary, secondary, vocational, postsecondary, postgraduate, and adult education, or any combination thereof, and operated by the school zone.
VOCATIONAL-MECHANICAL TRADE SCHOOLA school that may, or may not, be operated as a gainful business that principally offers training in any of the following occupations:
An assemblage of materials that are arranged so as to block
the ground-level views between grade and a height of six feet. Suitable
screening materials include trees, shrubs, hedges, berms, walls, sight-tight
fences, other similar type materials, or any combination thereof.
No wall or fence shall be constructed of plywood, corrugated metal
or fiberglass, nor sheet metal.
A dwelling, cabin, camp, cottage, lodge or summer house which
is intended for occupancy less than 182 days of the year.
A semisolid waste that collects at the bottom of sewage treatment
devices that is not continuously released during normal treatment
flows and needs to be periodically removed and processed and disposed
of elsewhere.
A principal use devoted to the collection and conversion
of the septage and/or spent mushroom compost for healthful disposal.
The required horizontal distance between a setback line and
a property or street right-of-way line.
[Amended 4-12-2022 by Ord. No. 815]
SETBACK, FRONTThe distance between the street right-of-way line and the front building setback line projected the full width of the lot. Commonly called "required front yard."
SETBACK, REARThe distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."
SETBACK, SIDEThe distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."
A line within a property and parallel to a property or street
right-of-way line which delineates the required minimum distance between
some particular use of property and that property or street line.
A freestanding accessory building to a residence that is
generally of portable construction and used to store personal property
solely of the inhabitants on the site.
A development consisting of any single retail store in excess
of 20,000 square feet of gross floor area or two or more establishments
which are designed to function as a unit, for retail sales; personal
services; restaurants, taverns and nightclubs; business, professional,
or banking offices; civic uses, commercial schools, and/or similar
uses together with shared stormwater management, vehicular access,
off-street parking and signage.
A principal place of business where tradesmen perform their
services within completely enclosed buildings on site and where they
schedule and prepare to conduct work at other locations.
The use of a dwelling in a manner which does not meet the
definition of residential occupancy, i.e., the occupancy of the dwelling
by one family for a period of less than 30 days. The use of a dwelling
as an approved bed-and-breakfast establishment as an accessory use
in an owner-occupied dwelling shall not be considered a short-term
rental.
[Added 4-12-2022 by Ord. No. 815]
See § 380-45 of this chapter.
A principal use devoted to the production of signs.
A lot, or portion thereof, devoted to a particular use as
regulated by this chapter.
A principal industrial use at which live animals and/or their
physical remains are imported for preparation into materials of human,
plant and/or animal nourishment or some other beneficial use.
A facility other than a racetrack and/or an off-track betting
parlor wherein wagering and other lawful gambling activity is conducted
under Pennsylvania law. This use shall include any facility in which
gambling devices, including but not limited to slot machines, video
poker machines, punch boards, and similar devices are located. The
term "lawful gambling activity" shall not include the sale of lottery
tickets in compliance with State Lottery Law.[9]
A use devoted to the mechanical restoration of machines that
power domestic tools and other household devices and appliances. This
definition shall not include uses involved in the repair of personal
motor vehicles, commercial trucks and heavy equipment, all as defined
herein.
The latest published version of the United States Department
of Agriculture's soil survey for Lebanon County, Pennsylvania.
Garbage, refuse and other discarded materials including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984.
A use that is generally compatible with uses permitted in a zone but for which additional criteria have been established and approval by the Zoning Hearing Board is required as provided for by § 380-139B of this chapter.
Less than completely and opaquely covered human genitals,
pubic region, buttocks, anus, female breasts below a point immediately
above the top of areolae, and/or human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
For the purposes of this chapter, this term shall include
any of the following:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context
of a sexual relationship, and any of the following depicted sexually
oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty.
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence.
Human or animal masturbation, sodomy, oral copulation, coitus,
ejaculation.
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast.
Masochism, erotic or sexually oriented torture, beating, or
the infliction of pain.
Erotic or lewd touching, fondling or other contact with an animal
by a human being.
Human excretion, urination, menstruation, vaginal or anal irrigation.
Soil or mulch-like material that is a by-product of the cultivation
of mushrooms.
Existing natural slopes of 15% or greater (equal to 15 feet
vertical distance over 100 feet horizontal distance). The alteration
of slopes that were lawfully man-made (such as walls of a detention
basin or quarry or excavated banks along a street) shall be regulated
by a reasonable estimate of the preexisting natural slope.
A temporary placement of products and materials for preservation,
later use and/or disposal.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, the finished ceiling
or roof above it. A "split-level" story shall be considered a second
story if its floor level is six feet or more above the level of the
line of the finished floor next below it. Any floor under a sloping
roof at the top of a building that is more than two feet below the
top plate shall be counted as a half story. A basement shall be counted
a story if it averages more than five feet above grade.
A public or private right-of-way, excluding driveways and
access drives, intended for use as a means of vehicular and pedestrian
circulation that provides a means of access to abutting property.
The word "street" includes "thoroughfare," "avenue," "boulevard,"
"court," "drive," "expressway," "highway," "lane," "road," and similar
terms.
A line laterally bisecting a street right-of-way into equal
widths. Where the street right-of-way cannot be determined, the cartway
center line shall be deemed the street center line.
A luminaire placed in or adjacent to a street right-of-way
for the purpose of illuminating a road, sidewalk, and/or intersection.
The line defining the limit of a street right-of-way and
separating the street from abutting property or lots. The street line
shall be the same as the legal right-of-way line currently in existence.
The publicly accessible area straddling public and/or private
streets often located between building facades and including service
lanes, sidewalks, pedestrian-oriented spaces and pedestrian corridors.
Any natural or man-made channel of conveyance of surface
water with an annual or intermittent flow within a defined bed and
bank.
Any man-made object, including buildings, having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land, excluding stormwater management retention/detention basins
and related inlet and/or outlet devices, sidewalks, driveways leading
directly to a public street, and public utility lines and appurtenances.
Structures shall not include such things as sandboxes, decorative
fountains, swing sets, birdhouses, bird feeders, mailboxes, and any
other similar nonpermanent improvements.
STRUCTURE, ACCESSORYA structure associated with an accessory use (e.g., swimming pools, patios, antennas, tennis courts, garages, utility sheds, etc.). However, for the purpose of establishing setbacks, any accessory building larger than 720 square feet shall comply with principal structure setbacks.
STRUCTURE, PRINCIPALA structure associated with a primary use.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development. The subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the fair market value of
the structure either: before the improvement or repair is started;
or if the structure has been damaged, and is being restored, before
the damage occurred. For the purpose of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of
the structure.
Where, in the judgment of the Borough Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted) of those improvements required as a condition
for final approval have been completed in accordance with the approved
plan, so that the project will be able to be used, occupied, or operated
for its intended use.
Any structure and inflatable device, not located within a
completely enclosed building, and containing, or normally capable
of containing, water to a depth at any point greater than 24 inches.
Farm ponds, stormwater basins and/or lakes are not included, provided
that swimming was not the primary purpose for their construction.
An establishment which serves primarily alcoholic beverages
for mostly on-premises consumption and which is licensed by the Pennsylvania
Liquor Control Board. Taverns may also serve food and offer incidental
live entertainment.
A building containing a stage and/or screen and seating for
meetings, performances, or screening of movies.
A forestry operation that involves cutting down of trees
and removing logs from the forest for the primary purpose of sale
or commercial processing into wood, wood-related or paper products.
See definition of "dwelling, townhouse," defined herein.
Hazardous materials that are persistent, bioaccumulative
(accumulate in living organisms), and highly dangerous because they
pose significant risks to our health and our environment as regulated
by such statutes as the Toxic Substances Control Act (TSCA) [15 U.S.C.
§ 2601 et seq. (1976)] or as recognized by the Agency for
Toxic Substances and Disease Registry (ATSDR).
A principal use that involves the indoor instruction of clients/customers
on any of a wide range of subjects, including but not limited to occupational,
cultural, business, technical, professional, trade, religious, life
skills, emergency response, and similar activities.
Any person who assumes temporary occupancy for the purposes
of visitation, recreation or leisure purposes. This definition shall
expressly exclude permanent residents and/or migratory workers and
their families.
See "recreational vehicle."
A principal use contained on a single property:
A principal use designed as one functioning site in which
various services and amenities are provided for the comfort, convenience
and safety of those engaged in the trucking distribution industry
and other motorists. Suitable examples include vehicle filling stations,
vehicle repair and services, vehicle washing, dining and lodging,
laundromats, rest lounges and areas, travel-related retail shops,
gift shops, locker rooms and bathing facilities and similar uses.
The distance measured from the surface of the tower foundation
upon which the wind turbine is attached to the highest point of the
turbine rotor blades at their highest point of rotation.
The conversion of an existing single-family detached dwelling
unit to contain two separate dwelling units.
The latest version of the statewide building code adopted
by the Pennsylvania General Assembly applicable to new construction
in all municipalities whether administered by the municipality, a
third party of the Department of Labor and Industry. Applicable to
residential and commercial buildings, the Code adopted by the International
Residential Code (IRC) and the International Building Code (IBC),
by reference, as the construction standard applicable with the commonwealth.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
The specific purpose(s) for which land or a structure is
designed, arranged, intended, occupied or maintained.
USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
USE, PRINCIPALThe use of land or structure that is most dominant (either visually or economically) in the determination of the Zoning Officer.
See "certificate of use and occupancy" as defined herein.
Principal uses that:
Are free of buildings, structures or other improvements and
require little to no property maintenance;
Include outdoor passive recreation facilities, including picnic
pavilions, hiking trails, park benches, drinking fountains, barbecue
grills, ponds, natural and cultural exhibits, amphitheaters, navigable
and intermittent waters, publicly operated scenic sites and other
similar uses; and/or
House organizations whose principal purpose is the permanent
protection of important and sensitive features and landscapes; and
Uses accessory to the above permitted uses, including parking
and loading spaces, signs, offices, rest rooms, maintenance equipment
storage areas and buildings, lights, waste receptacles and dumpsters,
and other similar uses.
Relief granted to the terms of this chapter upon application to the Zoning Hearing Board pursuant to § 380-139C of this chapter.
A building or portion thereof, used primarily for the treatment
of small domestic animals such as dogs, cats, rabbits and birds or
fowl., by a licensed veterinarian. This term excludes the outdoor
boarding or keeping of animals.
An educational use that offers training of the following
occupations:
A building whose purpose is the storage of goods awaiting
further processes or delivery/distribution.
A principal use where goods, products and/or materials are
stored waiting further processing, delivery and/or distribution.
A permanent or intermittent stream, river, brook, run, creek,
channel, swale, pond, lake or other body of surface water carrying
or holding surface water, whether natural or artificial.
All the land from which water drains into a particular watercourse.
A principal use devoted to the joining of metals through
intense heat for repair or the preparation of parts used in other
industrial production and/or assembly.
The transitional area extending from the outer limit of a
delineated wetland. For the purpose of this chapter, the wetland margin
shall extend 50 feet from the wetland boundary or to the limit of
the hydric soils outside the boundary, whichever is less.
Those areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas, and which shall be identified
using the United States Army Corps of Engineers Technical Report Y87-1,
Corps of Engineers Wetlands Delineation Manual.
Pertaining to the sale of goods for resale.
A principal use devoted to the generation of electrical energy
for consumption elsewhere by means of solar panels and/or wind energy
conversion systems.
Any device which converts wind energy to mechanical or electrical
energy.
Includes blades, hubs to which blades are attached, and any
device, such as a tower, used to support the hub and/or rotary blades,
etc.
An area between the permitted use and/or structures and the
site's lot lines.
[Amended 4-12-2022 by Ord. No. 815]
YARD, FRONTThe area that extends the full width of the lot between the building setback line and the street right-of-way line. If a lot has frontage on more than one street, the full width of the lot contained between the setback line and each street right-of-way line shall be considered a front yard.
YARD, REARThe area between the lot lines directly opposite the street of address and the building setback line. For a corner lot, the rear yard shall be measured from the property line parallel to the street of address. For a flag lot, the rear yard shall be measured from the property line parallel to the property line of the front yard.
YARD, SIDEThe area between any property line that is not a street right-of-way line or a line measuring the rear yard and the side setback line.
A portion of the Borough within which certain uniform regulations
and requirements or combinations thereof apply under the provisions
of this chapter.
The designation of specified zones within a community or
Borough, reserving them for certain uses together with limitations
on lot size, heights of structures and other stipulated requirements.
The Zoning Hearing Board of Palmyra Borough, Lebanon County,
Pennsylvania.
The Official Zoning Map of Palmyra Borough adopted as part
of this chapter.
The duly constituted municipal official designated to administer
and enforce this chapter in accordance with its literal terms.
The Official Zoning Ordinance of Palmyra Borough.
A permit stating that the purpose for which a building or
land is to be used is in conformity with the applicable requirements
of this chapter for the zone in which it is, or will be, located.
[1]
Editor's Note: See 72 P.S. § 3761-101 et seq.
[2]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[3]
Editor's Note: See 72 P.S. § 3761-101 et seq.
[5]
Editor's Note: See 52 P.S. § 3301 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[9]
Editor's Note: See 72 P.S. § 3761-101 et seq.