Borough of Palmyra, PA Background Provisions

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)

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)

To preserve prime agriculture and farmland considering topography, soil type and classification, and present use.

(4)

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)

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)

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.

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.

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.

§ 380-3 Scope.

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.

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.

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.

The application of requirements of this chapter shall be limited only to the extent that regulations of mineral, coal and fuel extraction have heretofore been superseded and preempted by:

(1)

The Act of May 31, 1945 (P.L. 1198, No. 418), known as the "Surface Mining Conservation and Reclamation Act";[1]

[1]

Editor's Note: See 52 P.S. § 1396.1 et seq.

(2)

The act of December 19, 1984 (P.L. 1093, No. 219), known as the "Noncoal Surface Mining Conservation and Reclamation Act";[2]

[2]

Editor's Note: See 52 P.S. § 3301 et seq.

(3)

The Act of December 19, 1984 (P.L. 1140, No. 223), known as the "Oil and Gas Act";[3] and

[3]

Editor's Note: The Oil and Gas Act was repealed 2-14-2012 by P.L. 87, No. 13. See now 58 Pa.C.S.A. § 3201 et seq.

(4)

To the extent that the subsidence impacts of coal extraction action are regulated by the Act of April 27, 1966 (1st Sp. Sess., P.L. 31, No. 1), known as "The Bituminous Mine Subsidence and Land Conservation Act."[4]

[4]

Editor's Note: See 52 P.S. § 1406.1 et seq.

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)

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.

(2)

The Act of June 30, 1981 (P.L. 128 No. 43), known as the "Agricultural Area Security Law";[6] or

[6]

Editor's Note: See 3 P.S. § 901 et seq.

(3)

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.

§ 380-4 Interpretation.

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.

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.

§ 380-5 Conflict.

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.

§ 380-6 Validity and severability.

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.

§ 380-7 Uses not provided for.

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)

Is similar to and compatible with the permitted uses in the zone in which the subject property is located;

(2)

Is not permitted in any other zone under the terms of this chapter;

(3)

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)

Complies with all other applicable sections of this chapter and other ordinances of the Borough;

(5)

In no way conflicts with the general purposes and intent of this chapter; and

(6)

Would not be detrimental to the public health, safety and welfare of the neighborhood or Borough.

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).

§ 380-8 Establishment of zones.

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

§ 380-9 Zoning Map.

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.

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.

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.

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."

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.

§ 380-10 Zone boundary lines.

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)

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)

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)

Where zone boundaries are indicated as approximately coinciding or municipal boundary lines, such lines shall be construed to be such boundaries.

(4)

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)

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)

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)

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.

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.

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.

§ 380-11 Word usage.

Words and phrases shall be presumed to be used in their ordinary context, unless such word or phrase is defined differently within this article.

§ 380-12 Language interpretation.

In this chapter, when not inconsistent with the context:

(1)

Words in the present tense imply also the future tense.

(2)

The singular includes the plural.

(3)

The male gender includes the female gender.

(4)

The word "person" includes an individual, partnership, corporation, firm, company, association, governmental entity, trustee, receiver, assignee or similar representative.

(5)

The term "shall" or "must" is always mandatory.

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.

§ 380-13 Definitions.

The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter.

ACCESS DRIVE

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.

ACCESS DRIVE THROAT LENGTH

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.

ACCESSORY BUILDING

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.

ACCESSORY BUILDING APARTMENT

A dwelling unit that is located within a detached accessory building of a principal single-family detached dwelling.

ACCESSORY STRUCTURE

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.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot as the principal use or building.

ADJACENT/ADJOINING

The state of being side by side, next to or abutting one another.

ADULT USE

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:

(1)

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:

(a)

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;

(b)

Instruments, devices or paraphernalia which are designed primarily for use in connection with sexual activities or conduct; and/or

(2)

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;

(3)

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

(4)

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.

(1)

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.

(2)

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.

(3)

ADULT BOOKSTOREAny establishment which has a substantial or significant portion of its stock-in-trade:

(a)

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;

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(4)

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.

(5)

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.

(6)

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.

(7)

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.

(8)

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.

(9)

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.

(10)

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.

(11)

ADULT NEWSRACKAny machine or device which dispenses material substantially devoted to the depiction of specified sexual activities or specified anatomical areas.

(12)

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.

(13)

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.

(14)

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.

(15)

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.

AGRICULTURE

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.

AIRCRAFT

Any contrivance, except an unpowered hang glider or parachute, used for manned ascent into flight through the air.

AIRPORT

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.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

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.

ALTERNATIVE ENERGY PRODUCTION FACILITIES

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.

AMUSEMENT ARCADE

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.

AMUSEMENT, THEME AND/OR ZOO PARK

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.

ANIMAL EQUIVALENCY UNIT (AEU)

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.

ANIMAL HOSPITAL

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include overnight boarding of animals.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development including his heirs, successors, and assigns.

APPLICATION FOR DEVELOPMENT

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.

AREA

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:

(1)

Street rights-of-way;

(2)

Ultimate rights-of-way;

(3)

Access easements serving another principal use;

(4)

Sanitary sewer and water easements serving another principal use;

(5)

Gas pipeline easements and/or rights-of-way;

(6)

Land within easements and/or rights-of-way for overhead electric transmission lines 66 KV and greater;

(7)

Stormwater management facilities, pipes and/or swales intended to serve another principal use;

(8)

Permanent and open bodies of water;

(9)

Wetlands as regulated as delineated under the terms of § 315-15C(9)(a) of Chapter 318, Subdivision and Land Development; and/or

(10)

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.

AREA OF DISTURBANCE

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:

(1)

A principal building or structure [except as provided in Subsection A(3) below];

(2)

Accessory structures or uses existing or proposed at the time of development of the principal building or structure; and

(3)

An accessory structure of more than 500 feet of lot coverage.

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.

ATTIC

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.

AUCTION HOUSE

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.

AUDITORIUM

A building containing a stage and/or screen and seating for meetings, performances, or screening of movies.

AUTOMOBILE AUCTION

A use whereby passenger vehicles are offered for wholesale and/or retail sales at prearranged sales during a competitive bidding process.

AUTOMOBILE FILLING STATION

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.

AUTOMOBILE PARKING COMPOUND

See definition of "parking compound."

AUTOMOBILE SALES

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.

AUTOMOBILE SERVICE

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.")

AUTOMOBILE STORAGE COMPOUND

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.

BASEMENT

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 6 1/2 feet.

BED-AND-BREAKFAST

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.

BEEKEEPING

The raising or keeping of bees within a man-made enclosure (beehive) for hobby or business purposes.

BILLBOARD

An off-premises sign which directs attention to a product, service, business, or cause.

BOROUGH

Palmyra Borough.

BOROUGH COUNCIL

The governing body of Palmyra Borough, Lebanon County, Pennsylvania.

BOROUGH ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for Palmyra Borough.

BOARDER

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.

BOARDINGHOUSE

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.

BOOKBINDING, PRINTING AND PUBLISHING OPERATIONS

The process of reproducing hard copies of printed materials including all aspects of production, collation, assembly packaging and distribution.

BOTTLING

The deposition of liquid, gas, powder or other granular material within a sealed container.

BREWERY

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.

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.

BUFFER

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.

BUGGY

A carriage drawn by a horse that is commonly used by plain sects as a mode of transport and travel.

BUILDING

Any structure with a roof intended for shelter or enclosure of persons, animals or property.

DETACHEDA building which has no party wall.

SEMI-DETACHEDA building which has only one party wall in common.

ATTACHEDA building which has two or more party walls in common.

BUILDING AREA

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).

BUILDING ENVELOPE

The area of a lot that is available for development and free of restrictions as specified in this chapter.

BUILDING HEIGHT

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.

BUILDING LENGTH

The longest horizontal measurement of a building.

BUILDING SETBACK LINE

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:

In the case of a front yard, all adjoining street right-of-way lines;

In the case of a side yard, all side lot lines; and

In the case of a rear yard, all rear lot lines.

BUILDING PERMIT

Permits issued under the Uniform Construction Code. (Permits issued under this Zoning Ordinance are "zoning permits.")

CAMPGROUND

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.

CAMPSITE

A plot of ground within a campground intended for occupation by a recreational vehicle, tent or travel trailer.

CANDLEPOWER

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.

CARPORT

A roofed structure open on two or more sides for the storage of motor vehicles.

CARRIAGE AND BUGGY HORSE

An animal kept accessory to a principal residence whose occupants rely upon as a primary mode of transport and travel.

CARTWAY

The surface of a street intended and available for use by vehicular traffic.

CAR WASH

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.

CASINOS

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]

CATERERS, BAKERS and CONFECTIONERS

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.

CELLAR

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 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area.

CEMETERY

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.

CERTIFICATE OF USE AND OCCUPANCY

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.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that confine and conduct continuously or periodically flowing water.

CHANNEL FLOW

That water that is flowing within the limits of a defined channel.

CHURCH AND RELATED USES

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.

CINEMA

A building containing a stage and/or screen and seating for the public screening of movies.

CLINIC, MEDICAL, DENTAL, VISION, OR COUNSELING

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.

CLUB, PRIVATE

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

Code of the Borough of Palmyra.

CO-LOCATED COMMUNICATION ANTENNAS

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

COMMERCIAL DAY CARE

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.

COMMERCIAL GREENHOUSE

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.

COMMERCIAL MESSAGE

Words and/or images intended to influence consumer behavior.

COMMERCIAL PRODUCE OPERATION

An agricultural use whereby plant materials are principally grown within enclosed buildings, and where such use exceeds a lot coverage of 10%.

COMMERCIAL RECREATION FACILITY

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.

COMMERCIAL SCHOOL

See "school, commercial."

COMMERCIAL TRUCK

A motor vehicle as is defined as a "commercial motor vehicle" under Chapter 16 of the Pa. Vehicle Code.

COMMON OPEN SPACE

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.

COMMON PARKING AREA

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.

COMMON WALL

A wall used or adopted for joint service between two buildings or parts thereof.

COMMUNICATIONS ANTENNA

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.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or cabinet containing communications equipment required for the operation of communications antennas.

COMMUNICATIONS TOWER

A freestanding structure designed and used solely to support communications antennas.

COMMUNITY CENTER

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.

COMMUNITY GREEN

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.

COMPOSTING

The conversion of organic matter, such as yard waste, into fertilizer.

COMPREHENSIVE PLAN

The Palmyra Area Region Comprehensive Plan of 2013.

CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)

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
	Criteria 1
	The proposed agricultural operation exceeds any of the following animal type thresholds:
	•	700 mature dairy cows;
	•	1,000 veal calves;
	•	1,000 cattle, including but not limited to heifers, steers, bulls and cow-calf pairs;
	•	2,500 swine of 55 pounds or more;
	•	10,000 swine under 55 pounds;
	•	500 horses;
	•	10,000 sheep or lambs;
	•	55,000 turkeys;
	•	30,000 layers or broiler chickens using a liquid manure handling system;
	•	125,000 broiler chickens not using a liquid manure handling system;
	•	82,000 layer chickens not using a liquid manure handling system;
	•	30,000 ducks not using a liquid manure handling system; and/or
	•	5,000 ducks using a liquid manure handling system.
	Criteria 2
	Any agricultural operation that exceeding one million pounds of live weight of livestock or poultry.
	Criteria 3
	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.

CONCENTRATED ANIMAL OPERATION (CAO)

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.

CONDOMINIUM

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.

CONSERVATION EASEMENT

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.

CONSERVATION MEASURE

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.

CONSERVATION PLAN

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.

CONSISTENCY

An agreement or correspondence between matters being compared, which denotes a reasonable, rational, or similar connection or relationship.

CONSTRUCTION

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.

CONSTRUCTION SITE

The total necessary land area required for all buildings or uses within a development.

CONVENIENCE STORE

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.

CONVENTION CENTER

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.

CONVERSION

To change or adapt improved property to a use, occupancy, or purpose other than what was intended at its time of construction.

COUNTY

The County of Lebanon, Commonwealth of Pennsylvania.

COUNTY PLANNING COMMISSION

The Lebanon County Planning Department.

CRT

Cathode ray tube.

CURATIVE AMENDMENT

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.

CUTOFF

The point at which all light rays emitted by a lamp or luminaire are eliminated (cutoff) at a specific angle above ground.

CUTOFF ANGLE

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.

CUTOFF-TYPE LUMINAIRE

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°.

DANCE, MUSIC, ART, FASHION AND PHOTOGRAPHIC STUDIO AND GALLERY

A principal use devoted to the:

Training and performance of dance and music;

Development, display, and sales of individual works of art and/or photography; and

Design, development, display and sales of custom articles of clothing.

DAY CARE

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.

DENSITY

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.

DEVELOPMENT

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.

DEVELOPMENT SITE

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.

DIRECT LIGHT

Light actually seen coming straight from the lamp, reflector, or reflector diffuser in the luminaire.

DOMESTIC COMPOST

A portable structure used and properly maintained by on-site residents to convert household organic waste into materials useful for gardening and lawn care.

DOMESTIC PETS

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.

DOMESTIC TOOLS

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.).

DRIPLINE

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.

DRIVE-THROUGH FACILITY

Any portion of a building or structure from which business may be transacted with a customer in a motor vehicle.

DRIVEWAY

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.

DRY CLEANERS

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.

DWELLING

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)

DWELLING UNIT

A building or portion thereof arranged or designed for occupancy by not more than one family and having separate cooking and sanitary facilities.

DYNAMIC MESSAGE DISPLAY

A sign incorporating LCD, LED, plasma, CRT, pixelized lights, other video-like displays or other means of changing messages.

EARTHMOVING ACTIVITY

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.

EFFICACY

A measurement used to compare light output to the power consumed to operate the lamp.

ELECTRONIC NOTICE

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.

ELEVATION

The level of the ground adjacent to a structure, storage area, sign or other improvement.

ENTERTAINMENT FACILITIES

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.

EXOTIC ANIMALS

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.

FAMILY

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."

FAMILY DAY CARE

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.

FARM

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.

FARM OCCUPATION

A business or commercial activity that is conducted as an accessory use to a principal agricultural or horticultural use.

FARMERS MARKET

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.

FAST-FOOD RESTAURANT

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.

FCC

The Federal Communications Commission of the United States of America.

FILL

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.

FINANCIAL INSTITUTION

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.

FISH HATCHERIES or FISH FARMS

A principal use devoted to the raising of fish for wholesale distribution and/or wholesale public release.

FIXTURE

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.

FLAG LOT

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.

FLEA MARKET

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.

FLOODLIGHT or SPOTLIGHT

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.

FLOOR AREA RATIO

The gross floor area of all buildings on a lot in relation to the gross lot area.

FOOTCANDLE

A unit of light density produced on a horizontal plane stated in lumens per square foot and measured with a light meter.

FORESTRY

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.

FORESTRY OPERATOR

An individual, partnership, company, firm, association or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

FREESTANDING COMMUNICATION AND WIRELESS COMMUNICATION FACILITIES

Any communications antenna, communications tower and/or communications equipment that is not co-located upon an existing structure.

FRONTAGE

The line of a lot coincident with an abutting right-of-way line of a street.

FULL CUTOFF

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.

FULLY SHIELDED

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.

FUNERAL HOME

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.

GAMING FACILITY

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).

GARAGE, PRIVATE

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.

GARAGE, YARD AND MOVING SALE

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.

GARDENING

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.

GLARE

Excessive brightness in the field of view that causes loss of visual performance or annoyance, jeopardizing health, safety, or welfare.

GOLF COURSE

A golf course with a minimum of 675 yards of play in nine holes.

GOLF COURSE DRIVING RANGE

An accessory use to a golf course devoted to the practice of driving golf balls.

GOLF COURSE, MINIATURE

A commercial recreational use based upon golf that requires only a putter and is typically, but not necessarily, lit for night play.

GOVERNING BODY

The Borough Council of Palmyra Borough, Lebanon County, Pennsylvania.

GOVERNMENTAL USE

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.

GRADE

A measurement of slope expressed in terms of percentage of vertical versus horizontal distance.

GREENHOUSE, COMMERCIAL

GREENHOUSE, NONCOMMERCIAL

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.

GREEN ROOFTOP

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.

GROUP HOME

See the definition of "family" and "dwelling."

HAZARDOUS MATERIAL

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.

HAZARDOUS WASTE

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.

HAZARDOUS WASTE FACILITY

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.

HEALTH, FITNESS, FRATERNAL, SOCIAL AND OTHER PRIVATE CLUBS

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.

HEAVY EQUIPMENT

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).

HEIGHT OF THE LUMINAIRE

The vertical distance from the ground directly below the center line of the luminaire to the direct-light-emitting part of the luminaire.

HIGH-INTENSITY DISCHARGE (HID)

A family of electric discharge light sources including metal halide, high-pressure sodium, and mercury vapor lamps.

HEIGHT, STRUCTURE

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.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take off and be stored.

HELIPORT

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.

HELISTOP

An accessory use where no more than one helicopter may land/take off without storage of a helicopter.

HIGH-PRESSURE SODIUM

An HID light source that typically provides high efficacy but poor color. The source is considered to be yellow in color by most people.

HIGHWALL

The face of exposed overburden and mineral in an open cut of a surface mining operation or for entry to underground mining activities.

HISTORIC SITE

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:

(1)

By an approved state program as determined by the Secretary of the Interior; or

(2)

Directly by the Secretary of the Interior in states without approved programs.

HISTORIC STRUCTURE CONVERSION

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.

HOME IMPROVEMENT, EQUIPMENT RENTAL AND BUILDING SUPPLY STORES

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.

HOME OCCUPATION

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.

HORSE BOARDING STABLE

See "riding stable."

HORTICULTURE

The cultivation of fruits, vegetables, flowers, and ornamental plants for commercial distribution.

HOSPITAL AND RELATED USES

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.

HOTEL, MOTEL or SIMILAR LODGING FACILITIES

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.

HOUSEHOLD HAZARDOUS WASTES

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.

HUB HEIGHT

The distance measured from the surface of the tower foundation to the height of the wind turbine hub to which the blade is attached.

IMPERVIOUS SURFACE

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.

IMPORTANT NATURAL AND/OR CULTURAL FEATURE

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.

IMPROVEMENT

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.

INDIRECT LIGHT

Direct light that is reflected from or has scattered off of other surfaces.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that are associated with a use other than a single-family dwelling and/or farm.

INVASIVE PLANT SPECIES OF PENNSYLVANIA

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]

ISA

International Society of Arboriculture.

ISO

Insurance Services Office.

JOINT PARKING LOT

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.

JOINT-USE DRIVEWAY

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.

JUNK

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.

JUNKYARD

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.)

KEEPING OF CARRIAGE AND BUGGY HORSE

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.

KENNEL

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.

LABORATORY

A use devoted to the conduct of experiments, research and observation associated with scientific study.

LAMP

A light bulb.

LAND DEVELOPMENT

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:

(1)

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or

(2)

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:

(1)

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;

(2)

The addition of an accessory building/use, including farm buildings, on a lot or lots subordinate to an existing principal residence or farm;

(3)

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

(4)

Construction of nonresidential additions or nonresidential accessory buildings, provided the construction does not result in the following:

(a)

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.

(b)

Increase in employees greater that 5% of the existing staff, except all principal businesses are entitled to add a minimum of two employees.

(c)

Negative stormwater impacts on existing stormwater facilities or on neighboring properties.

(d)

Installation of additional access drives providing vehicular access to or from a public right-of-way.

(e)

Need for DEP Sewer Planning Module or exemption.

(f)

Impacts on wetlands.

(g)

More than five additional parking spaces.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person who has a proprietary interest in land.

LANDSCAPE SCREEN

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.

LAUNDRY

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.

LAUNDROMAT

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.

LCD

Liquid crystal display.

LED

Light-emitting diode.

LIGHT TRESPASS

Light emitted by a lighting fixture which is cast beyond the boundaries of the property on which the lighting fixture is situated.

LIVESTOCK

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.

LOADING SPACE

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.

LOP

The process of cutting treetops and slash into smaller pieces to allow material to settle close to the ground.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed, or built upon as a unit. 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.

LOT COVERAGE

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.

LOT DEPTH

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.

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.

LOT WIDTH

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.

LUMEN

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.

LUMINAIRE

A complete light fixture, consisting of a light source, optical reflector and housing, and electrical components for safely starting and operating the source.

MACHINE, TOOL AND DIE AND METAL FABRICATION SHOPS

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.

MAILED NOTICE

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.

MAN-MADE LAKES, DAMS AND IMPOUNDMENTS

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.

MANUFACTURED HOME

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.

MANUFACTURED HOME LOT

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.

MANUFACTURED HOME PARK

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.

MANUFACTURING

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.

MANURE

The fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.

MANURE STORAGE FACILITY

A detached structure or other improvement built to store manure for future use or awaiting disposal.

MASS TRANSIT STOPS

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.

MATURE TREE

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.

MAXIMUM PERMITTED ILLUMINATION

The maximum illumination measured in footcandles at a lot line.

MEAN SEA LEVEL

The average height of the sea for all stages of the tide, using the National Geodetic Vertical Datum of 1929.

MEDIATION

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.

MEDICAL, DENTAL, VISION AND COUNSELING CLINIC

MEDICAL RESIDENTIAL CAMPUS

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.

MERCURY VAPOR

An HID light source that typically provides long lamp life but poor color and low efficacy compared to other HID sources.

MESSAGE DISPLAY CYCLE

That unit of time in which one complete message is displayed upon a sign incorporating a dynamic message display.

METAL HALIDE

An HID light source that typically provides good color and high efficacy.

METHADONE TREATMENT FACILITY

Any use licensed by the Pennsylvania Department of Health that administers the drug methadone in the treatment, maintenance or detoxification of persons.

MICROBREWERY

See "brewery."

MINIMUM LOT AREA

The least amount of lot area required to be associated with a principal use as required by this Zoning Ordinance.

MINIMUM SEPARATION DISTANCE

The minimum horizontal distance measured between two identifiable points.

MINING, QUARRYING AND RELATED PROCESSING OPERATIONS

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:

(1)

Extraction, handling, processing, or storing are conducted concurrently with construction;

(2)

The area mined is limited to the area necessary to construction; and

(3)

The construction is reasonably related to the use proposed for the site.

MINI-WAREHOUSES

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.

MOBILE HOME

See "manufactured home."

MOVING SALE

See definition of "garage, yard and moving sale," as defined herein.

MOTEL

See definition of "hotel, motel and similar lodging facilities," as defined herein.

MOTION SENSOR DEVICE

A device sensing motion electronically and switching on lighting for a timed duration.

MPC

The Pennsylvania Municipalities Planning Code.[6]

MULTIPLE-FAMILY DWELLING

See the definition of "dwelling, multifamily," as defined herein.

MUNICIPALITY

The Borough of Palmyra, Lebanon County, Pennsylvania.

MUNICIPAL USES

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.

MUSEUM

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.

NADIR

The point directly below the luminaire when the luminaire is pointed straight down at a zero-degree angle.

NAICS

The North American Industrial Classification System, as developed and maintained by the U.S. Bureau of the Census.

NET ACRE

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.

NEW CONSTRUCTION

Structures, including substantial improvements thereto, for which the start of construction commenced on or after the effective date of this chapter.

NIGHTCLUB

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.

NIGHTTIME

The hours between civil sunset and civil sunrise.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, 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.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zone in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

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.

NONCONFORMING USE

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.

NONCONFORMITY, DIMENSIONAL

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.

NOXIOUS SPECIES

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

NURSING, REST OR RETIREMENT HOMES

Facilities designed for the housing, boarding, and dining associated with some level of nursing care.

OFF-STREET LOADING SPACE

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.

OFF-STREET PARKING LOT

An accessory use in which required and, potentially, additional parking spaces are provided subject to the requirements listed in § 380-38 of this chapter.

OFF-TRACK BETTING FACILITY

A facility other than a racetrack wherein pari-mutuel wagering, but no other lawful gambling activity, is conducted.

OFFICE

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

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.

ON-LOT WATER SERVICE

The provision of water to a single user from a source located on the user's lot.

OPEN SPACE

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.

ORNAMENTAL PONDS and WADING POOLS

An accessory use that:

Contains no more than 337.5 cubic feet of water (2,530 gallons);

Has a length or diameter not exceeding 15 feet; and

Has a maximum depth less than 1 1/2 feet.

ORPHANAGE

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.

OUTDOOR RESIDENTIAL ATHLETIC COURT

An accessory use to a principal residence which is improved for the use by residents and their guests to engage in recreational sport.

OUTDOOR SHOOTING RANGE

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.

OUTPARCEL

A separate lot within a planned center that relies upon the planned center's circulation system for vehicular access.

OVERBURDEN

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.

OVERSIZE PARKING SPACE

An off-street parking space designed to accommodate a vehicle with one or more of the following characteristics:

A registered gross weight in excess of 17,001 pounds;

Having a length in excess of 20 feet;

Having a height of more than 11 feet six inches;

Having a width of more than eight feet nine inches; and/or

Showing a windshield weight class slicker with a number above six.

Commonwealth of Pennsylvania.

PA DCNR

Pennsylvania Department of Conservation and Natural Resources.

PA DEP

Pennsylvania Department of Environmental Protection.

PA DOT

Pennsylvania Department of Transportation.

PACKAGING

The enclosure of products into sealers, containers, wrappers, boxes or other suitable protective coverings for shipping, distribution and/or sales.

PARKING COMPOUND

A principal business use at which passenger vehicles are parked in rented spaces on an hourly, daily, monthly or continuous basis.

PARK AND RIDE LOTS

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.

PARKING LOT

An accessory use in which required and additional parking spaces are provided subject to the requirements listed in § 380-38 of this chapter.

PARKING SPACE

An off-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKS AND PLAYGROUNDS

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

PART-TIME SEASONAL EMPLOYEE

A person who works less than 20 hours per week or less than 1,000 hours per year at a farm occupation.

PASSENGER MOTOR VEHICLE

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.

PASSENGER MOTOR VEHICLE SALES

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.

PASSENGER MOTOR VEHICLE SERVICE

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.")

PAVED

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.

PERSON

An individual, partnership, corporation, limited liability corporation, limited liability partnership, firm, company, association, governmental entity, trustee, receiver, assignee, or similar representative.

PERSONAL CARGO TRAILER

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.

PERSONAL MOTOR VEHICLE

A passenger vehicle owned or leased by an occupant of a residential dwelling unit.

PERSONAL SERVICE

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.

PESTICIDE

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.

PETROLEUM PRODUCT

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.

PHMC

Pennsylvania Historical and Museum Commission.

PHOTO CONTROL

An electronic device that turns the luminaire on at dusk and off at dawn.

PLANNED CENTER SIGN

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.

PLANNING COMMISSION

The Planning Commission of Palmyra Borough.

PLASMA

A video display technology that relies upon the electric excitation of phosphors to emit light.

PLAY STRUCTURE

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.

PNDI

The Pennsylvania Natural Diversity Inventory.

POD STORAGE CONTAINERS

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).

POWER-GENERATION FACILITIES

A principal use devoted to the creation, storage, conversion, distribution and transmission of electrical energy for use at another location.

PREMISES

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.

PRIME AGRICULTURAL LAND

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.

PRINCIPAL WASTE HANDLING, PROCESSING, TRANSFER AND DISPOSAL FACILITIES

A principal use operated by Lebanon County devoted to the collection, sorting, storage, transport and disposal of solid waste.

PRIVATE SCHOOL

See "school, private."

PROCESSING

Pertaining to a systematic modification through mechanical, physical, chemical, and/or energy forces.

PUBLIC HEARING

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.

PUBLIC MEETING

A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the Sunshine Act.[7]

PUBLIC NOTICE

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.

PUBLIC SCHOOL

See "school, public."

PUBLIC SEWER

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.

PUBLIC UTILITIES

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.

PUBLIC WATER

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.

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RAIN GARDEN

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.

RECREATIONAL VEHICLE

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).

RECYCLING COLLECTION FACILITY

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.

RECYCLING FACILITY

A use that specializes in the collection and processing of discarded materials that have entered a reasonably continuous process whereby their reuse is foreseeable.

RENTAL

The temporary transfer of goods for compensation.

REPAIR

To fix or rehabilitate an object to its intended condition and/or function.

RESIDENTIAL OCCUPANCY

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]

RESIDENTIAL SWIMMING POOL

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.

RESTAURANT

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.

RESTAURANT, DRIVE-THROUGH OR FAST-FOOD

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.

RETAIL

Pertaining to the general public availability for purchase and personal use and/or consumption.

RETAIL SALES

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.

RETAINING WALL

A man-made structure used to stably contain land at a location of substantial elevation change.

RIDING STABLE

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.

RIGHT-OF-WAY

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.

RIGHT-OF-WAY, LEGAL

The existing width or area of land currently owned by the Borough, the state, or some other public agency or authority.

RIGHT-OF-WAY, REQUIRED

The width or area of land necessary to accommodate present or future public improvements.

RURAL OCCUPATION

An accessory business or commercial activity that is conducted within an accessory structure of a principal single-family detached dwelling.

SALDO

The latest version of the Borough's Subdivision and Land Development Ordinance.[8]

SALES

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.

SATELLITE DISH ANTENNA

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.

SATELLITE DISH ANTENNA AZIMUTH ALIGNMENTS

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°.

380 Satellite Dish Azimuth Alignments.tif

SATELLITE DISH ANTENNA ELEVATION ALIGNMENTS

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°.

380 Satellite Dish Elevation Alignments.tif

SATELLITE DISH ANTENNA LOOK ANGLES

The combination of azimuth and elevation alignments needed for an installed satellite dish antenna to send or receive signals.

SATELLITE DISH ANTENNAS RECEPTION WINDOW

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.

SAWMILL

A principal use devoted to the processing of natural wood products into semifinished products for wholesale distribution.

SCHOOL

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:

(1)

Agriculture and/or horticulture;

(2)

Truck driving;

(3)

Engine repairs;

(4)

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

(9)

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 380-7 and 380-139B of this chapter.

SCREENING

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.

SEASONAL RESIDENCE

A dwelling, cabin, camp, cottage, lodge or summer house which is intended for occupancy less than 182 days of the year.

SEPTAGE

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.

SEPTAGE AND SPENT MUSHROOM COMPOST PROCESSING

A principal use devoted to the collection and conversion of the septage and/or spent mushroom compost for healthful disposal.

SETBACK

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."

SETBACK LINE

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.

SHED

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.

SHOPPING CENTER

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.

SHOPS FOR CONTRACTORS

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.

SHORT-TERM RENTAL

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]

SIGN

See § 380-45 of this chapter.

SIGN MAKERS

A principal use devoted to the production of signs.

SITE

A lot, or portion thereof, devoted to a particular use as regulated by this chapter.

SLAUGHTERING, PROCESSING, RENDERING AND PACKAGING OF MEAT PRODUCTS AND THEIR BY-PRODUCTS

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.

SLOT MACHINE PARLORS

SMALL ENGINE REPAIR SHOPS

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.

SOIL SURVEY

The latest published version of the United States Department of Agriculture's soil survey for Lebanon County, Pennsylvania.

SOLID WASTE

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.

SPECIAL EXCEPTION

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.

SPECIFIED ANATOMICAL AREAS

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.

SPECIFIED SEXUAL ACTIVITIES

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.

SPENT MUSHROOM COMPOST

Soil or mulch-like material that is a by-product of the cultivation of mushrooms.

STEEP SLOPES

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.

STORAGE

A temporary placement of products and materials for preservation, later use and/or disposal.

STORY

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.

STREET

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.

STREET CENTER LINE

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.

STREET LIGHT

A luminaire placed in or adjacent to a street right-of-way for the purpose of illuminating a road, sidewalk, and/or intersection.

STREET LINE or RIGHT-OF-WAY LINE

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.

STREETSCAPE

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.

STREAM

Any natural or man-made channel of conveyance of surface water with an annual or intermittent flow within a defined bed and bank.

STRUCTURE

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.

SUBDIVISION

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.

SUBSTANTIAL IMPROVEMENT

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.

SUBSTANTIALLY COMPLETED

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.

SWIMMING POOL

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.

TAVERN

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.

THEATER

A building containing a stage and/or screen and seating for meetings, performances, or screening of movies.

TIMBER HARVESTING or TREE HARVESTING

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.

TOWNHOUSE

See definition of "dwelling, townhouse," defined herein.

TOXIC MATERIALS

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).

TRAINING CENTER

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.

TRANSIENT

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.

TRAVEL TRAILER

See "recreational vehicle."

TRUCK OR MOTOR FREIGHT TERMINAL

A principal use contained on a single property:

To which materials and products are imported for their redistribution and export by commercial truck or other modes of transport; or

Whereby a fleet of commercial vehicles is maintained for their dispatch on an as-needed or contractual basis.

TRUCK STOP

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.

TURBINE HEIGHT

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.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

UNIFORM CONSTRUCTION CODE (UCC)

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.

USE

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.

USE AND OCCUPANCY PERMIT

See "certificate of use and occupancy" as defined herein.

USES DEVOTED TO THE CONSERVATION OF LOCAL NATURAL AND CULTURAL RESOURCES

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

VARIANCE

Relief granted to the terms of this chapter upon application to the Zoning Hearing Board pursuant to § 380-139C of this chapter.

VETERINARIAN'S OFFICE

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.

VOCATIONAL-MECHANICAL TRADE SCHOOL

An educational use that offers training of the following occupations:

Agriculture and/or horticulture;

Truck driving;

Engine repairs;

Building construction and general contracting;

Woodworking;

Masonry;

Plumbing;

Electrical contracting; and

Other similar trades, as determined by the Zoning Hearing Board pursuant to §§ 380-7 and 380-139B of this chapter.

WAREHOUSE

A building whose purpose is the storage of goods awaiting further processes or delivery/distribution.

WAREHOUSE AND WHOLESALE TRADE ESTABLISHMENTS

A principal use where goods, products and/or materials are stored waiting further processing, delivery and/or distribution.

WATERCOURSE

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.

WATERSHED

All the land from which water drains into a particular watercourse.

WELDING SHOPS

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.

WETLAND MARGINS

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.

WETLANDS

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.

WHOLESALE

Pertaining to the sale of goods for resale.

WIND AND SOLAR FARM

A principal use devoted to the generation of electrical energy for consumption elsewhere by means of solar panels and/or wind energy conversion systems.

WIND ENERGY CONVERSION SYSTEM (WECS)

Any device which converts wind energy to mechanical or electrical energy.

WECS UNIT

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.

YARD

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.

ZONE

A portion of the Borough within which certain uniform regulations and requirements or combinations thereof apply under the provisions of this chapter.

ZONING

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.

ZONING HEARING BOARD

The Zoning Hearing Board of Palmyra Borough, Lebanon County, Pennsylvania.

ZONING MAP

The Official Zoning Map of Palmyra Borough adopted as part of this chapter.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.

ZONING ORDINANCE

The Official Zoning Ordinance of Palmyra Borough.

ZONING PERMIT

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.

[4]

Editor's Note: Original Subsection A, regarding steep slopes, which immediately preceded this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[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.

[8]

Editor's Note: See Ch. 318, Subdivision and Land Development.

[9]

Editor's Note: See 72 P.S. § 3761-101 et seq.