For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
"Used" or "occupied," as applied to any land or building, include
the words "intended, arranged, or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but is not mandatory.
"May" is discretionary. "Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also include the plural,
and the masculine shall include the feminine, and vice-versa.
F.
Any word or term not defined in this chapter shall have its plain
and ordinary meaning within the context of the section.
G.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
H.
The word "person" includes a firm, company, corporation, partnership,
trust, organization or association, as well as an individual.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include but are not
limited to a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An "accessory building" is any accessory structure that meets
the definition of a "building." A portion of a principal building
used for an accessory use shall not be considered an accessory building.
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use.
Two or more lots that share a common lot line or that are
separated only by a street or waterway from each other.
An establishment in which over 10% of the total floor area
is occupied by books, films, periodicals or videotapes which are distinguished
by a clear emphasis on displaying uncovered male or female genitals
or specified sexual activities or by paraphernalia or novelties related
to specified sexual activities and which items are offered for sale,
rent or receipt of coins or tokens. If such items are within a room
that is restricted to persons age 18 or older, then this definition
shall apply to any establishment in which over 10% of the floor area
is within such restricted room.
A use providing supervised care and assistance primarily
to persons who are over age 55 and/or mentally retarded and/or physically
handicapped who need such daily assistance because of their limited
physical abilities, Alzheimer's disease, mental abilities or mental
retardation. This use shall not include persons who need oversight
because of behavior that is criminal or violent. This use may involve
occasional overnight stays, but shall not primarily be a residential
use. The use shall involve typical stays of less than a total of 60
hours per week per person.
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual specified sexual activities related to some
form of monetary compensation paid to a person or entity involved
in such activity or establishment.
A use set up or designed for, or involving the presentation
to, three or more persons at one time in a room of motion pictures,
video tapes or similarly reproduced images distinguished or characterized
by an emphasis on depiction of specified sexual activities for observation
by such persons and that is related to some form of monetary compensation
paid by the persons viewing such matter.
This term shall include any of the following uses: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
use.
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises. This
use is effectively prohibited by State Act 219 of 1990.
A vehicle right-of-way having a maximum right-of-way width
of 20 feet and that usually provides secondary access to the side
or rear on one or more lots, and which is not intended for through
traffic.
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (such as for television or
radio reception) or for transmitting short-wave or citizens band radio
frequencies. This shall include antennas used by an individual dwelling
unit to receive television or radio signals, by an amateur ham radio
operator or by a contracting business or utility to communicate with
its employees, but shall not include a commercial communications antenna.
This term includes any accessory supporting structures.
See "dwelling types."
The definition in the Municipalities Planning Code, as amended,[1] shall apply.
Coordinated and centrally managed rental housing, including
self-contained units designed to provide a supportive environment
and to accommodate a relatively independent lifestyle. Such a development
may contain a limited number of supportive services, such as meals,
transportation, housekeeping, linen and organized social activities
for residents and their invited guests. Such a use shall primarily
serve persons 55 and older, persons with physical handicaps and/or
the developmentally disabled. Assisted living facilities shall be
licensed as personal care centers by the Commonwealth of Pennsylvania.
An area, other than a street, used for the outdoor or indoor display, sale or rental of one or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 400-21.
An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an auto service station is also permitted as part of an auto repair garage. This use shall not include activity meeting the definition of a "truck stop." See requirements in § 400-21.
An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a convenience store, provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. This use shall not include activity meeting the definition of a "truck stop." See storage limits and other requirements in § 400-21.
An enclosed floor area partly or wholly underground. A basement
shall be considered a story if the majority of the basement has a
clearance from floor to ceiling of 6.5 feet or greater and the top
of the ceiling of the basement is an average of five or more feet
above the finished grade along the majority of the front side of the
building that faces onto a street.
A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, that meets the maximum number of overnight guests specified in § 400-21 for this use, which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 400-21.
A residential use in which either room(s) that do not meet
the definition of a "lawful dwelling unit" are rented for habitation
or a dwelling unit includes greater than the permitted maximum number
of unrelated persons. A boardinghouse shall not include a use that
meets the definition of a hotel, dormitory, motel, life care center,
personal care center, bed-and-breakfast inn, group home or nursing
home. A college fraternity or sorority house used as a residence shall
be considered a type of boardinghouse. A boardinghouse may either
involve or not involve the providing of meals to residents, but shall
not include a restaurant open to the public unless the use also meets
the requirements for a restaurant. A boardinghouse shall primarily
serve persons residing on site for five or more consecutive days.
The Borough of Spring Grove, York County, Pennsylvania.
A strip of land that separates one use from another use or feature, and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 400-50.
Any structure having a permanent roof and walls and that
is intended for the shelter, work area, housing or enclosure of persons,
animals, vehicles, equipment or materials and that has a total volume
under roof of greater than 50 cubic feet. "Building" is interpreted
as including "or part thereof." See the separate definition of "structure."
Any structure involving a permanent roof (such as a covered porch
or a carport) that is attached to a principal building shall be considered
to be part of that principal building, also known as building footprint.
The percentage obtained by dividing the maximum horizontal
footprint area in square feet of all principal and accessory buildings
and attached structures covered by a permanent roof on a lot by the
total lot area of the lot upon which the buildings are located.
A line established by law or agreement, usually parallel
to the property line, beyond which a structure may not extend. This
generally does not apply to uncovered entrance platforms, terraces
and steps.
FRONT SETBACK LINEThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line.
SIDE SETBACK LINEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line.
REAR SETBACK LINEThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line.
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
The horizontal measurement between two vertical structural
walls that are generally parallel of one building, measured in one
direction that is most closely parallel to the required lot width.
For attached housing, this width shall be the width of each dwelling
unit, measured from the center of each interior party wall and from
the outside of any exterior wall. For detached buildings, this width
shall be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household or office for some productive reuse, but which does not
involve the actual processing or recycling of hazardous or toxic substances,
and which does not primarily involve the processing of nonrecycled
solid waste, unless the use also meets the applicable requirements
for a solid waste transfer facility. This definition shall not include
a "junkyard."
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
The Spring Grove Borough Zoning Ordinance, with amendments, found in this Chapter 400 of the Code of the Borough of Spring Grove, and including the Official Zoning Map.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale from November 15 to December 30 of trees that were produced on
the premises.
See "place of worship."
Shall have the same meaning as "membership club."
Code of the Borough of Spring Grove.
A structure, partially or wholly exterior to a building, used for transmitting or retransmitting electronic signals, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals or to receive such signals for a cable system or for cellular telephone communications. See § 400-21.
The V and GC Zoning Districts.
This term includes, but is not limited to: retail sales,
offices, personal services, auto sales, auto repair garages and other
uses of a similar profit-making nonindustrial nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
A parcel or parcels of land within a tract which meets all of
the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public;
Is covered by a system that ensures perpetual maintenance, if
not intended to be publicly owned; and
Will be deeded to the Borough and/or deed restricted to permanently
prevent uses of land other than common open space and noncommercial
recreation.
In calculating areas of common open space, none of the following
shall be considered:
Existing or new street rights-of-way;
Vehicle streets or driveways providing access to other lots;
Land beneath building(s) or land within 20 feet of a building
(other than accessory buildings and pools clearly intended for noncommercial
recreation and other than agricultural buildings and a farmstead which
are permitted within land approved by the Borough for agricultural
preservation);
Off-street parking (other than that clearly intended for noncommercial
recreation);
Area(s) needed to meet a requirement for an individual lot;
For land intended to be open to the public that does not have
provisions for entry with a twenty-foot minimum width by pedestrians
from a street open to the public or from an adjacent common open space
area that has access to such a street;
Land that includes a stormwater detention basin, except for
a basin or portions of a basin that the applicant proves to the satisfaction
of Borough Council would be reasonably safe and useful for active
or passive recreation during the vast majority of weather conditions;
and
Portions of land that have a width of less than 20 feet.
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons as accessory to leisure activities.
This shall not include residential uses or a treatment center.
A use that is only allowed under this chapter if conditional use approval is obtained. Conditional use approval shall be required from Borough Council, after the Planning Commission is provided an opportunity for a review. See § 400-61.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which is created under
the Pennsylvania Uniform Condominium Act of 1980 or Uniform Planned
Community Act of 1996, as amended.
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land.
A use that primarily sells routine household goods, groceries,
prepared ready-to-eat foods and similar miscellaneous items to the
general public, but that is not primarily a restaurant, and that includes
a building with a floor area of less than 7,000 square feet. A convenience
store involving the sale of gasoline shall be regulated as an auto
service station.
A use involving the creation, display and sale of arts and
crafts, such as paintings, sculpture and fabric crafts. The creation
of arts and crafts may also be permitted within a home occupation,
provided the requirements for such use are met.
A use involving the supervised care of children under age 16
outside of the children's own home(s) primarily for periods of less
than 18 hours per child during the average day. This use may also
include educational programs that are supplementary to state-required
education, including a nursery school or head start programs. See
also the definition of "adult day-care center."
The following three types of day care are permitted without
regulation by this chapter:
A type of day care use that:
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection and
its relevant bureaus.
A disability of a person which has continued or can be expected
to continue indefinitely and which is:
Attributable to mental retardation, cerebral palsy, epilepsy
or autism;
Found to be attributable to any other conditions found to be
closely related to mental retardation because such condition results
in similar impairment of general intellectual functioning or adaptive
behavior to that of mentally retarded persons or requires treatment
and services similar to those required for such persons; and/or
Metal or plastic containers that are specifically designed and purposed to collect clothing, shoes, and/or other personal belongings as charitable donations. They are not to be confused for dumpsters designed for trash/refuse collection. See § 400-22D(3) for additional requirements for this accessory use.
[Added 8-2-2021 by Ord.
No. 4-2021]
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
An establishment where at least a portion of patrons are
served while the patrons remain in their motor vehicles.
A privately owned, constructed, and maintained vehicular
access from a street to one or two principal buildings or their accessory
buildings, and which does not meet the definition of a "street" or
an "alley."
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home."
This chapter categorizes dwellings into the following types
(see sketches of dwelling types at end of this chapter):[2]
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of § 400-8C.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a "single-family detached dwelling," "twin dwelling" or "townhouse/rowhouse." The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3.5 stories.
SECTIONAL or MODULAR HOMEA type of dwelling that meets a definition of "single-family detached dwelling," "single-family semidetached dwelling," "townhouse" or "low-rise apartment" that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, that does not meet the definition of a "mobile/manufactured home," that is supported structurally by its exterior walls, and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open yard areas on all sides. A single-family detached dwelling may be a mobile/manufactured home.
A type of single-family detached dwelling that meets all of
the following requirements:
Is transportable in a single piece or two substantial pieces
designed to be joined into one integral unit capable of again being
separated for towing;
Is designed for permanent occupancy;
Which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
Is constructed so that it may be used with or without a permanent
foundation; and
Is not a recreation vehicle.
The terms "mobile home" and "manufactured home" have the same
meaning.
This term is different from a sectional or modular home which
is defined above.
See standards in § 400-21.
TWIN DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. See standards in § 400-21.
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have: its own
toilet, bath or shower, sink, sleeping and cooking facilities; and
separate access to the outside or to a common hallway or balcony that
connects to outside access at ground level. A dwelling unit shall
not include either or both of the following: two or more separate
living areas that are completely separated by interior walls so as
to prevent interior access from one living area to another; or two
separate and distinct sets of kitchen facilities.
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This use may
include housing for emergency personnel while on call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
present on a lot at any one time, other than persons who are clearly
temporarily and occasionally working on physical improvements to the
site.
Utility or municipal uses that are necessary for the preservation of the public health, safety, and welfare and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 400-16. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or a maximum of four unrelated individuals who maintain a common household and live within one dwelling unit. A dwelling unit shall be occupied by a maximum of one family. A family shall also expressly include numbers of unrelated persons allowed by the group home provision of § 400-21 residing within an approved group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
See definition for "day-care, child as an accessory use to
dwelling".
A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete or similar materials shall be considered a wall. The term wall does not include engineering retaining walls which are permitted uses as needed in all districts. See § 400-22.
An establishment primarily involved with monetary transactions
and that has routine interactions with the public.
See definitions of "floodplain" and related terms in § 400-26.
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: a) fully enclosed porches; and b) basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least 6.5 feet. Floor area shall not include unenclosed
porches, decks or breezeways.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. This term includes yard, patio, attic, and all other similar types of sales. See § 400-22.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 400-29.
A use owned by a government, government agency or government authority for valid public health, safety, welfare, recycling collection or similar governmental purpose, and which is not owned by Spring Grove Borough. This term shall not include uses listed separately in the table of uses in Article III, such as publicly owned recreation. This term shall not include a prison or other correctional facility, or a solid waste transfer facility.
A dwelling unit operated by a responsible individual, family
or organization with a program to provide a supportive living arrangement
for individuals where special care is needed by the individual served
due to current disability by defining Americans With Disabilities
Act. This definition shall expressly include facilities for the supervised
care of developmentally disabled persons and all persons subject to
protection under the Federal Fair Housing Act Amendments of 1988,
as amended, or Americans with Disabilities Act, as amended. Group
homes must be licensed where required by any appropriate government
agencies, and a copy of any such license must be delivered to the
Zoning Officer prior to the initiation of the use.
Group homes shall be subject to the same limitations and regulations by the Borough as the type of dwelling unit they occupy. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term. A group home shall not include a treatment center. See standards under group homes in § 400-21.
A product or waste, or combination of substances, that because
of the quantity, concentration, physical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health,
safety or welfare through direct or indirect introduction into groundwater
resources and the subsurface environment which includes the soil and
all subsequent materials located below. Such hazardous material includes,
but is not limited to, materials which are included on the latest
edition of one or more of the following lists:
Amounts above the federally required reportable volumes of
hazardous substances included on the list of "Extremely Hazardous
Substances" in 29 Code of Federal Regulations Part 1910, or its successor
provisions.
The vertical distance measured from the average elevation of the proposed ground level along the front of the building to the highest point of a structure. For a building with a defined and pitched roof, an area equal to 20% of the building coverage may exceed the maximum height to provide for the roof peak, provided such 20% is not occupied by persons. See exemptions for certain types of structures in § 400-49. A maximum of one more story may be exposed in the rear of a building compared to what is visible in the front of a building. For height of signs, see Article VII entitled "Signs."
A routine, accessory and customary business use conducted within or administered from a portion of a dwelling, or its permitted accessory building, and that meets all of the requirements for such use in § 400-22. A home occupation shall be clearly secondary to the use as a residential dwelling. Home occupations are divided into two types: a) no-impact home occupations; and b) general home occupations. Any home occupation that does not meet the definition and standards of a no-impact home occupation shall be regulated as a general home occupation.
A home occupation that 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 a residential use, and which meets the requirements for such use in § 400-22.
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve any stays
overnight shall be considered an office. A hospital may involve care
and rehabilitation for medical, dental or mental health, but shall
not primarily include housing or treatment of the criminally insane
or persons actively serving an official sentence after being convicted
of a felony. A hospital may also involve medical research and training
for health care professionals.
A building or buildings, including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also bed-and-breakfast use. A hotel
or motel may also include a restaurant, meeting rooms, nightclub,
newsstand, gift shop, swim club or tavern, provided that such use(s)
is not the principal use of the property.
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
Areas, including, but not limited to, parking areas, driveways, roads,
sidewalks, patios and any similar areas of concrete, brick, bituminous
products, crushed stone or gravel, shall be considered impervious
surface. In addition, all buildings and structures shall be considered
as impervious surfaces for computation of lot coverage.
The construction or expansion of a principal building on
a block that is almost entirely developed.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
appliances, motor vehicle parts, aircraft, glass, plastics, machinery,
equipment, containers and building materials.
Junk shall not include:
Solid waste or municipal waste that is temporarily stored as
is customary in an appropriate container that is routinely awaiting
collection and disposed of in a manner consistent with state regulations;
Toxic wastes;
Grass clippings, leaves, tree limbs or similar yard waste materials;
or
Items clearly awaiting imminent recycling at an approved recycling
facility.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be moved under its own power, in regards to a vehicle
designed to move under its own power, other than a vehicle clearly
needing only minor repairs;
Cannot be towed, in regards to a trailer designed to be towed;
Has been demolished beyond repair;
Has been separated from its axles, engine, body or chassis;
and/or
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
See also the definition of "unregistered vehicle."
Land or a structure used for the collection, storage, dismantling, processing and/or sale, other than within a completely enclosed building, of material of one or more of the following types: a) junk (see definition); b) three or more junk vehicles that are partly or fully visible from an exterior lot line, dwelling and/or public street (this shall not apply to such vehicles allowed to be stored within the requirements of § 400-21 for an auto repair garage or auto service station); and/or c) one or more mobile/manufactured homes that are not in a habitable condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse. A junkyard specifically
shall include, but not be limited to, any metal scrap yard or auto
salvage yard.
The keeping of a greater number of dogs and/or cats than are permitted under § 400-22D(8), Keeping of pets. A kennel may also serve other animals.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a landowner.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, horses, poultry or insects beyond what is allowed under the keeping of pets section of § 400-22 and the definition of "kennel." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit. A lot may or may not coincide with a lot
of record and includes one or more adjacent pieces, parcels or plots
of land of record held in single and separate ownership, including
adjacent pieces, parcels or plots bisected by public or private streets.
The area and depth of a lot shall be measured to the legal right-of-way
line of the street, and all lots shall front on public or private
streets.[3]
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
The land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, areas within the designated future or existing legal rights-of-way of shall be excluded, including: a) any proposed or existing public streets or alleys; or b) any proposed or existing commonly maintained private streets that serve more than one lot. Section 400-17 may specifically permit proposed streets to be included in determining density for a specific use.
The property lines bounding the lot. Wherever a property line
borders a public street, for the purposes of determining setbacks,
the lot line shall be considered to be the street right-of-way line
that will exist at the time of completion of a subdivision or development.
STREET LINEA lot line separating the lot from the existing street right-of-way.
REAR LOT LINEAny lot line which is parallel to or within 45° of being parallel to a front street right-of-way line. In the case of a lot having no street frontage, or a lot of an odd shape, or a flag lot, only the one lot line furthest from any street shall be considered a rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
All lot lines shall be defined in feet. Any lot line created
by a subdivision along a street, either existing or proposed, shall
be shown to the center of the street, unless such lot line is along
the boundary of the entire property to be subdivided, in which case
the lot line shall extend and be shown to the limits of the previous
deed. The side lot lines shall continue an additional specified number
of feet to the center line of the street. However, land within a street
right-of-way shall not count towards meeting any zoning ordinance
requirement, including, but not limited to, lot area and lot width.
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, such lot width at the minimum
prescribed front yard setback line shall be measured along the curve.
Where buildings are permitted to be attached, the lot width shall
be measured from the center of the party wall.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's skin other than
the face or neck by another person that is related to certain monetary
compensation, and which does not involve persons who are related to
each other by blood, adoption, marriage or official guardianship.
An establishment that meets all of the following criteria:
Massages are conducted.
The use does not meet the definition of "massage therapy, certified"
and the person conducting the massage is not licensed as a health
care professional by the state.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or to a high school or college athletic
program.
A use involving performance of massages by a person licensed
or certified by the state as a massage therapist or certified by a
recognized national organization that requires over 60 hours of professional
training. This use shall be considered a type of personal service.
A commercial use of land and/or buildings for examination,
diagnosis and treatment of such use shall also include routine checkups
of human outpatients, ill or afflicted human outpatients. A facility
shall be limited to any office(s) strictly for the use of physicians,
dentists and technicians.
[Added 4-6-2009 by Ord.
No. 1-2009]
An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. This use shall not include a target range for outdoor shooting of firearms, boardinghouse, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met. See § 400-21. See also "after hours club." See § 400-21 under commercial use or club concerning hours of operation.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. This use
also includes accessory stockpiling and processing of mineral resources.
"Mineral extraction" includes but is not limited to the extraction
of sand, gravel, topsoil, limestone, sandstone, oil, coal, clay, shale
and iron ore. The routine movement of and replacement of topsoil during
construction shall not by itself be considered to be mineral extraction.
See under "dwelling types."
A parcel of land under single ownership which includes three or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a mobile home park. See § 400-21.
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate carry persons or cargo on roads and that is powered by mechanized
means.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247, as reenacted and amended. This law is 53 P.S. § 10101
et seq.
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter, or applicable amendments.
A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendments. Such nonconforming structures include, but are not limited to, signs. See § 400-48.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or applicable amendments, where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 400-48.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 400-21.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical offices, laboratories, photographic
studios and/or television or radio broadcasting studios.
The map as adopted by Borough Council which designates the
location and boundaries of zoning districts.
See "common open space."
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
An off-street parking area for a cluster or group of dwelling units in a cluster/traditional neighborhood development. See § 400-18.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
Allowed uses in which zoning matters may be approved by the
Zoning Officer, provided the application complies with all requirements
of this chapter. A nonconforming use shall not be considered to be
a permitted by right use, a special exception use or a conditional
use.
See "assisted living facility."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barbershops and beauty shops, photography studios, shoe repair shops,
household appliance repair shops, and other similar establishments,
but shall not include any "adult uses," as herein defined.
The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 400-22.
Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate dwelling type. See standards in § 400-21.
See Borough of Spring Grove Planning Commission.
A principal structure which is also a building.
The structure in which the principal use of a lot is conducted.
Any structure that is physically attached to a principal structure
shall be considered part of that principal structure.
A primary use(s) or main use on a lot, as opposed to an accessory
use.
Notice required by the PA Municipalities Planning Code, for
a Zoning Hearing Board hearing or an amendment to this chapter, published
once each week for two successive weeks in a newspaper of general
circulation in the Borough, which states that time and place of a
meeting/hearing and the particular nature of the matter to be considered.
The first publication shall not be more than 30 days and the second
publication not less than seven days from the meeting/hearing date.
Leisure facilities owned, operated or maintained by a governmental
entity for use by the general public.
The offering of leisure-time activities to unrelated persons.
This term shall not include any adult use. For the purposes of this
chapter, recreation facilities shall be permitted by right as an accessory
use when clearly limited to residents of a development and their occasional
invited guests. Publicly owned recreation is a distinctly different
use from indoor recreation or outdoor recreation.
INDOOR RECREATIONA type of recreation use that: a) does not meet the definition of "outdoor recreation"; and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use and similar uses. This term shall not include any use listed separately as a distinct use by § 400-16.
OUTDOOR RECREATIONA type of recreation use that: a) has a total building coverage of less than 15% of lot area; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park and similar uses. This term shall not include any use listed separately as a distinct use by § 400-16, such as a firearms target range.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Borough-owned use or an emergency services station.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
spouse, brother, sister, parent, grandparent, child and including
in-laws and step children.
Shops for the repair of appliances, watches, guns, bicycles
and closely similar household items, but not including motor vehicles.
A use, building or structure that is clearly accessory, customary
and incidental to a principal residential use on a lot, including
the following uses and uses that are very similar in nature: garage
(household), carport, tennis court, garage sale, basketball backboard,
household swimming pool, gazebo, storage shed, greenhouse, children's
playhouse or children's play equipment. No business shall be conducted
in a residential accessory structure except as may be allowed as a
home-based business or home occupation.
The LDR and TR Zoning Districts.
The lot line of a lot that:
An establishment that sells ready-to-consume food or drink
and that routinely involves the consumption of at least a portion
of such food on the premises. A restaurant may include the accessory
sale of alcoholic beverages. However, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
as applicable must be met.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
A residential development exclusively serving households in which at least one resident of each household is age 55 years or older at time of initial occupancy. A household may also continue to be occupied by a surviving spouse of any age if their spouse dies after initial occupancy. In addition, the care of persons with disabilities shall be permitted in assisted living facilities. A retirement community may also include other uses as authorized by § 400-21. Such use shall meet the applicable requirements of § 400-21.
The definition in Chapter 350, Subdivision and Land Development, shall apply. As to a right-of-way for a public alley, street, road, or highway, the right-of-way shall be the entire width of any land reserved or dedicated to the Borough or the commonwealth either by subdivision or land development plan by statute, whichever is greater.
See "boardinghouse."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 400-50D.
See "dwelling types."
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The required distance between a setback line and a property
line.
SETBACK, FRONTThe line nearest the front of and across a lot establishing the minimum open space to be provided between the front line of buildings and structures and the front lot line, unless the lot line is within or beyond a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way closest to the proposed structure.
SETBACK, SIDEThe line nearest the side of and across a lot establishing the minimum open space to be provided between the side line of buildings and structures and the side lot line, unless the lot line is within or beyond a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way closest to the proposed structure.
SETBACK, REARThe line nearest the rear of and across a lot establishing the minimum open space to be provided between the rear line of buildings and structures and the rear lot line, unless the lot line is within or beyond a street right-of-way, in which case the setback line shall be measured from the edge of the street right-of-way closest to the proposed structure.
See definition of "building line."
An area required to be kept free of certain visual obstructions to traffic. See § 400-50.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 400-46 and 400-38. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
See § 400-46.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated,
and which facilitates the bulk transfer of accumulated solid waste
to a facility for further processing or disposal. Such facility may
or may not involve the separation of recyclables from solid waste.
Such facility shall not include a junkyard, leaf composting, clean
fill or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 400-58.
See definition of "adult use." One or more of the following:
a) human male genitals in a visible state of sexual stimulation; b)
acts of human masturbation, sexual intercourse, oral sex or sodomy;
or c) fondling or other erotic touching of human genitals.
The Commonwealth of Pennsylvania and its agencies.
A level of a building routinely accessible to humans having
an average vertical clearance from floor to ceiling of 6.5 feet or
greater shall be considered a full story, except as provided for in
the definition of "basement." Any level of a building having an average
vertical clearance from floor to ceiling of less than six and 6.5
feet shall be considered a half-story.
A public or private thoroughfare which provides the principal
means of vehicle access to three or more lots, but not including an
alley or a driveway. The terms "street", "highway" and "road" have
the same meaning and are used interchangeably. Streets shall be classified
as arterial streets, collector streets and local streets as categorized
in the Borough Comprehensive Plan.
A vehicle street or road adopted by the Borough or the state,
or which is shown on the Official Borough Street Map, or other official
map, and which is open to the public for vehicle travel.
Any man-made object having a stationary location on, below
or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
The definition in Chapter 350, Subdivision and Land Development, shall apply.
The Spring Grove Borough Subdivision and Land Development Ordinance, as amended, Chapter 350 of the Code of the Borough of Spring Grove.
An outdoor man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 400-22.
An outdoor man-made area with walls of man-made materials
intended to enclose water at least 30 inches deep for bathing or swimming
and that does not meet the definition of a "household or private swimming
pool."
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of an "after hours club." The sale of food may also
occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The storage of more than 150 used tires on a lot. See outdoor storage in § 400-22.
See "dwelling types."
The total lot area of all lots proposed to be part of a subdivision
or land development.
A facility that: a) is primarily intended for education of
a work-related skill or craft or a hobby; and b) does not primarily
provide state-required education to persons under age 16. Examples
include a dancing school, martial arts school, cosmetology school
or ceramics school.
A person involved with building trades, such as but not limited
to: plumbing, electrical work, building construction, building remodeling,
and roofing.
A primarily residential development that meets the requirements for such use in § 400-18.
A use (other than a secure correctional facility or a hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of: a) criminal rehabilitation, such as a criminal halfway house; b) current addiction to alcohol or a controlled substance; and/or c) a type of mental condition or other behavior that causes a person to be a threat to the physical safety of others. See standards in § 400-21.
A dwelling unit that:
Is accessory to a principal dwelling unit;
Is especially created for and limited to occupancy by a relative
of the permanent residents of the principal dwelling unit;
Is necessary to provide needed care and supervision to such
relative; and
Meets the requirements for such use in § 400-22.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker or does not have a valid
state safety inspection sticker (except for antique vehicles exempted
from safety sticker requirements under state regulations).
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include, but are not limited to,
the following: activity within a structure, activity outside of a
structure, any structure, recreational vehicle storage or parking
of commercial vehicles on a lot.
The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that would not otherwise comply with specific requirements of this chapter. See § 400-57.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer or distribution of products and materials, but not
including retail uses or a truck company terminal, unless such uses
are specifically permitted in that zoning district.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
The portions of a lot not occupied by a building.
FRONT YARDThe open unoccupied space on the same lot with the building extending the full width of the front wall of the building projected to the sidelines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. For purposes of defining a front yard, porches, uncovered stairs and landings to the main floor shall not be considered as part of the building.
REAR YARDThe open unoccupied space on the same lot with the building extending the full width of the dwelling projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the building and the rear lot line. This definition shall not include attached unenclosed structures as defined in this chapter.
SIDE YARDThe open unoccupied space on the same lot with the building, situated between the building and the side lot line, and extending from the front yard to the rear yard. Any lot line not a front lot line or a rear lot line shall be deemed a side lot line. See corner lot provisions in § 400-50D.
The Official Zoning Map of Spring Grove Borough, York County,
Pennsylvania.
The person charged with the duty of enforcing the provisions
of this chapter, and any officially designated assistant.
The Spring Grove Borough Zoning Ordinance, as amended. See
"this chapter."
[1]
Editor's Note: See 53 P.S. § 10107.
[2]
Editor's Note: Dwelling type diagrams are included as an attachment to this chapter.
[3]
Editor's Note: Lot diagrams are included as an attachment to this chapter.
