[Ord. 88-7, 5/12/1988]
The following words are defined in order to facilitate the interpretation
of this chapter for administrative purposes and in the carrying out
of duties by appropriate officers and by the Zoning Hearing Board.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meaning herein indicated.
Words used in the present tense include the future tense. The
singular includes the plural.
The word "person" includes any individual or group of individuals,
a corporation, partnership, or any other similar entity.
The word "lot" includes the words "lot" or "parcel." The term
"shall" is always mandatory.
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words, "intended, arranged or designed
to be used or occupied."
[Ord. 88-7, 5/12/1988; as amended by Ord. 89-7, 8/17/1989,
§ 1; by Ord. 92-3, 8/20/1992, § 1; by Ord. 93-4,
2/18/1993; by Ord. 95-10, 10/19/1995, §§ 1, 2; by Ord.
98-1, 7/16/1998, § 1; by Ord. 2002-03, -/-/2002, §§ 1,
5; and by Ord. 2003-1, 5/15/2003, § 1]
The relinquishment of property, or a cessation of the use
of the property, by the owner with the intention neither of transferring
rights to the property to another owner nor of resuming the use of
the property.
A paved surface, other than a street, which provides vehicular
access from a street or private road to a lot.
A building subordinate to and detached from the main building
on the same lot and used for purposes customarily incidental to the
main building.
A use customarily incidental and subordinate to the principal
use of the main building and located on the same lot with such principal
use or main building.
A business or club that engages in one or more of the following
areas of sales, services or entertainment:
ADULT BOOKSTOREAny establishment or place:
In which 20% or more of its stock in trade, occupied sale and
display area or gross sales amount consist of the following:
Books, magazines or other periodicals, films or other forms
of audio or visual representation which are distinguished or characterized
by an emphasis on depiction, description or display of sexual activities
or conduct or uncovered male or female genital areas; or
Instruments, devices or paraphernalia which are designated primarily
for use in connection with sexual activities or conduct; or
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, 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 uncovered male or female genital areas.
ADULT THEATERCABARET — Any theater, auditorium, concert hall or other place of assembly.
Presenting any form of audio and/or visual material in which
20% or more of the total presentation time measured over any consecutive
thirty-day period is, or will be, devoted to the showing of material
which is distinguished or characterized by emphasis on depiction,
description or display of sexual activities or uncovered male or female
torsos or genital areas
Featuring live performances on a regular basis which are distinguished
or characterized by emphasis on depiction, description or display
of sexual activities or by exposure of uncovered male or female torsos
or genital areas for observation by patrons.
ADULT MASSAGE PARLOR/ADULT MASSAGE STUDIOAny establishment or business in which any person or association engages in, carries on, or permits to be engaged in or carried on, the practice of massage. Massage refers to any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with hands or with the aid of mechanical or electrical apparatus, with or without such supplementing aids as rubbing alcohol, liniments or other similar preparations commonly used in this practice. Excluded from the definition of an adult massage parlor/studio is the practice of massage by licensed hospitals, licensed nursing homes, medical clinics and the offices and quarters of licensed health profession practitioners or a certified massage practitioner. Other excluded facilities include an athletic club, health club, school, gym or similar establishment where massage is offered as an incidental accessory medical or therapeutic massage practitioner service.
OTHER ADULT-ORIENTED RETAIL, COMMERCIAL SERVICES OR ENTERTAINMENT ESTABLISHMENTAny other business or club which primarily offers its patrons or members retail goods, commercial services, or entertainment which is characterized by an emphasis on matter or activities relating to depicting, describing or displaying sexual activity or conduct or uncovered male or female torsos or genital areas. For the purpose of this section, businesses whose employees entertain or serve the general public, e.g., dancers, waiters and waitresses, with uncovered torsos shall be considered as adult-oriented businesses.
Land used as cultivated farm land, orchards, nurseries, or
for livestock or equestrian activity, with or without related farm
structures.
[Added by Ord. No. 2017-4, 11/16/2017]
The right to use space above ground level.
A public thoroughfare other than a minor street which affords
only a secondary means of access to abutting property and not intended
for general traffic circulation.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams, or girders.
A change in use in any district which includes revisions
to the zoning text and/or the official zoning map; and the authority
for any amendment lies solely with the Borough Council.
An establishment which has as its principal business offering
to patrons mechanical or electrical amusement devices or games such
as pinball machines, ping pong, darts, shooting galleries or similar
devices and games.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits, and birds or fowl
by a veterinarian.
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any building.
A device incorporating a reflective surface that is solid,
open mesh or bar configured and is in the shape of a shallow dish,
cone, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TVROs and satellite microwave antennas.
A dwelling unit within a multiple dwelling. This classification
includes apartments in Apartment Houses, Bachelor Apartments, Studio
Apartments and Kitchenette Apartments. Conversion Apartments are not
included in the classification.
An independent dwelling unit incorporated within an existing
single-family detached dwelling without any substantial external modification.
A single dwelling unit located on or above the second floor
of a nonresidential use in the Central Business District as indicated
by the Borough Zoning Map.
An existing dwelling unit that is or was converted to a dwelling
for more than one family, without substantially altering the exterior
of the building.
A two story multi-family dwelling, containing one story dwelling
units.
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
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 a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces, and steps.
The area contained within the property lines of a lot or
as shown on a subdivision plan excluding space within any street,
but including the area of any easement.
Any structure or any building or part thereof, that is used
for the repair or painting of bodies, chassis, wheels, fenders, bumpers
and/or accessories of automobiles and other vehicles of conveyance.
A building on a lot designed and/or used primarily for mechanical
and/or body repairs, storage, rental, servicing, or supplying of gasoline
or oil to automobiles, trucks, or similar motor vehicles.
The sale or leasing of automobiles, trucks, including storage
and incidental maintenance and repair. This use does not include uses
that exclusively rent vehicles.
[Added by Ord. No. 2017-4, 11/16/2017]
A business where wrecked or decommissioned vehicles are brought.
The usable parts may be sold for use in operating vehicles. The unusable
metal parts, known as scrap metal parts, may be sold to metal-recycling
companies.
[Added by Ord. No. 2017-4, 11/16/2017]
Any area of land, including any structures thereon, or any
building or part thereof, that is used for the retail sale of gasoline,
oil, other fuel, or accessories for motor vehicles, and which may
include facilities for greasing vehicles.
A building on a lot designed and used primarily for the washing
and polishing of automobiles.
The dismantling or wrecking of used automobiles or trailers,
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
A freestanding randomly located structure, fence-like in
nature and materials of construction, except that it is not normally
attached to any building, does not particularly follow lot lines,
nor enclose a particular area, but rather screens one segment of one
property from another for the primary purpose of assuring privacy;
a baffle or screen of this nature may also be utilized for the support
of various types of living plant materials such as vines, climbing
roses or espaliered trees and shrubs.
A room or building for the purpose of hosting a party, banquet,
reception, or other social event. Banquet halls are often found within
pubs, clubs, hotels, or restaurants. (Some are run by fraternal organizations
and rented out as a fundraiser for the organization. Some condominium
associations and apartment buildings have these to keep the noise
of parties out of the residential units.)
[Added by Ord. No. 2017-4, 11/16/2017]
That portion of a building that is partially or wholly below
ground level. This portion is not a completed structure and serves
as a substructure or foundation for a building. A basement shall be
counted as a story for the purpose of height measurement, if the vertical
distance between the ceiling and the average level of the adjoining
ground is more than five feet or is used for business or dwelling
purposes, other than a game or recreation room.
A home occupation in an owner-occupied dwelling in which
bedrooms are rented to guests on a daily basis for a period of up
to 14 consecutive days. No bedroom shall contain separate cooking
facilities and, if offered, meals shall only be provided to guests
of the dwelling. In no case shall campers, recreational vehicles or
temporary structures be used for a bed-and-breakfast.
[Amended by Ord. No. 2019-4, 11/21/2019]
An area bounded by streets.
Any body granted jurisdiction under a land use ordinance
or under this chapter to render final adjudications.
A building arranged or used for the lodging, with or without
meals, for compensation, by either transient or permanent residents.
This definition includes rooming houses and lodging houses, but does
not include community residences, family/group care facilities and
homes, or institutions.
A facility used for the bottling of liquids.
[Added by Ord. No. 2017-4, 11/16/2017]
See "Yard, Buffer."
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of persons, animals,
or chattels, and including covered porches or bay windows and chimneys.
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches whether
enclosed or unenclosed but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A line parallel to the front, side, or rear lot line so as
to provide the required yard.
A building the size, dimensions or location of which was
lawful prior to the adoption, revision or amendment to a zoning ordinance,
but which fails by reason of such adoption, revision or amendment,
to conform to the present requirements of the zoning district.
Written permission issued by the proper municipal authority
for the construction, repair, alteration or addition to a structure.
A building in which is conducted the principal use of the
lot on which it is located.
The line within a property defining the required minimum
distance permitted between any enclosed structure and the adjacent
right-of-way.
A structure where public busses stop to pick up and drop
off passengers.
[Added by Ord. No. 2017-4, 11/16/2017]
A place of business where professional or clerical duties
are performed.
[Added by Ord. No. 2017-4, 11/16/2017]
A parcel of land used by campers for seasonal, recreational,
or other similar temporary living purposes, in buildings of a movable,
temporary, or seasonal nature, such as cabins, tents, or shelters.
A covered space, open on three sides, for the storage of
one or more vehicles and accessory to a main or accessory building.
That portion of a street or alley which is improved, designed,
or intended for vehicular use.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the maximum number of stories.
Land used or intended to be used for the burial of the human
dead.
[Added by Ord. No. 2017-4, 11/16/2017]
A commercial retail use where the primary goods offered for
sale are tobacco rolls wrapped in leaf tobacco or other packaging
containing tobacco, commonly known as "cigars," and items related
to cigar smoking, and/or a lounge with seating where the indoor smoking
of cigars is encouraged (not including a smoke shop and tobacco store
as defined herein).
[Added by Ord. No. 2022-2, 6/16/2022]
An area of unobstructed vision at street intersections. It
is defined by lines of sight between points at a given distance from
the intersection of the streets center lines.
A meeting, recreational, or social facility of a private
or nonprofit organization primarily for use by members or guests.
[Added by Ord. No. 2017-4, 11/16/2017]
A development technique that concentrates building in specific
areas on the site to allow the remaining land to be used for recreation,
common open space and preservation of environmentally sensitive features.
A form of development for single-family residential subdivision/land
development that permits a reduction in lot area and bulk requirements,
provided there is no increase in the number of lots/units permitted
under a conventional subdivision/land development and the resultant
land area is devoted to open space.
Primary land use is for commercial activities such as shops
or offices.
[Added by Ord. No. 2017-4, 11/16/2017]
See "Open Space, Common."
A dwelling unit occupied on a nontransient or transient basis
by persons other than a family as defined herein; including, but not
limited to, group homes, half-way or recovery houses, or other similar
living arrangements.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A use which is not permitted outright in a zone classification
due to the nature of impacts created by the use.
[Added by Ord. No. 2017-4, 11/16/2017]
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building structure, including
the placement of manufactured homes.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable, and
that the court does not extend to a street, alley, yard or other outer
court.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street driveway, alley or yard.
That portion or percentage of the lot area covered by impervious
materials.
See definition "School, Nursery."
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Borough
lies.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
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1.
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The Borough Council;
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2.
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The Zoning Hearing Board; or,
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3.
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The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
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Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate
including but not limited to buildings or other structures, filling,
grading, paving, excavation, mining, dredging or drilling operations
and the subdivision of land.
The provisions for development including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A use in which three or more dogs that are more than six
months old are kept.
An establishment which by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, or other means and for whatever purpose,
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or part thereof, or waste material of any kind.
A building or structure designed for living quarters for
one or more families, not including hotels, boarding/rooming houses
or other accommodations used for transient occupancy.
An atrium house is a single-family, attached, one-story dwelling
unit with individual outside access. The lots shall be fully enclosed
by a wall at least seven feet high with a private yard, herein called
an atrium, included on each lot. All living spaces, such as living
rooms, dens and bedrooms, shall open onto the atrium.
Any completed building or structure that was designed to
be built partially or wholly underground. A completed building or
structure which was not intended to serve as a substructure or foundation
for a building.
A group of two or more single-family, two-family, or multi-family
dwellings occupying a lot in one ownership.
Any structure designed primarily for residential occupancy,
except a manufactured home, which is wholly or in substantial part
made, fabricated, formed or assembled in manufacturing facilities
for installation or assembly and installation on the building site
in such a manner that all concealed parts or processes of manufacture
cannot be inspected at the site without disassembly, damage or destruction.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundations.
For floodplain management purposes, this definition includes park
trailers, travel trailers, and other similar vehicles located on site
for greater than 180 days.
A building used by three or more families living independently
of each other and doing their own cooking, including apartment houses.
A multiplex is a single-family or multifamily attached dwelling.
In general, all units have independent outside access and may be arranged
in a variety of configurations. No more than four units shall be attached
in any group.
A single-family detached or attached dwelling with open space
setbacks on three sides and with a court.
A building used by one family, having only one dwelling unit
and having two side yards, including industrialized housing and manufactured
homes which are supported either by foundation or otherwise permanently
attached to the land.
A dwelling used for one family and having two party walls
in common with other buildings (such as row house or townhouse).
A dwelling used by one family, having one side yard, one
party wall in common with another dwelling.
A building used by two families, with one dwelling unit arranged
over the other, and having two side yards.
A single unit providing complete independent living facilities
for one or more persons including permanent provisions for living,
sleeping, eating, cooking and sanitation.
A single-family detached dwelling with the building positioned
on a lot in such a manner that one or more of the building's sides
rest directly on a lot line.
A grant of one or more property rights by the property owner
to and/or for the use by the public, a corporation or another person
or entity.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public.
Electric public utilities transmission and distribution facilities
including substations.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable.
The exterior wall of a building exposed to public view or
that wall viewed by persons not within the building.
A single individual doing his/her own cooking and living
upon the premises as a separate housekeeping unit; one or more related
or three or fewer unrelated individuals doing their own cooking and
living together upon the premises as a separate housekeeping unit
in a domestic relationship based upon birth, legal marriage or other
domestic bond; or a group of unrelated individuals with disabilities
under the Federal Fair Housing Act, as amended, living together as
the functional equivalent of a family. This definition does not include
a collective body of persons occupying a hotel, dormitory, lodge,
boarding/rooming house, family/group care facility and home, commune,
community residence or institution.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for four to eight residents,
plus such minimum supervisory personnel, as may be required to meet
standards of the licensing agency. Residents may not be legally related
to the facility operators or supervisors and, by reason of mental
or physical disability, chemical or alcohol dependency, or family
or school adjustment problems, require a minimal level of supervision
but do not require medical or nursing care or general supervision.
A family care facility must be licensed and/or approved by the Pennsylvania
Department of Public Welfare and may include uses such as foster homes,
community residential alternative facilities, or home individual programs.
A residence offering baby-sitting services and child care
services for four to six children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare. A family day care home
is a permitted accessory use in any residential district.
Any freestanding and uninhabitable structure constructed
of wood, glass, metal, plastic materials, wire, wire mesh, or masonry,
singly or in combination, erected for the purpose of screening or
dividing one property from another to assure privacy, or to protect
the property so screened or divided or to define and mark the property
line when such structure is erected on or within two feet of any front,
side or rear lot line; for the purpose of this chapter, a freestanding
masonry wall when so located is considered to be a fence; also for
the purpose of this chapter, when the term "lot line" is used in relation
to fences, it shall be synonymous with "rear yard lot line," "side
yard lot line" and "front yard lot line." Fences are not synonymous
with "garden structures" which are defined elsewhere herein.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
A temporary inundation of normally dry land areas.
A flood that, on the average is likely to occur once every
100 years (i.e. that has a 1% chance of occurring each year, although
the flood may occur in any year).
That portion of the floodplain outside the floodway.
(1) a relatively flat or low land area adjoining a river,
stream, or watercourse which is subject to partial or complete inundation;
(2) an area subject to the unusual and rapid accumulation or runoff
of surface waters from any surface.
Any combination of structural and non-structural additions,
changes, or adjustments to proposed or existing structures which reduce
or eliminate flood damage to real estate or improved real property,
water and sanitary facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude without increasing the water surface
elevation more than one foot at any point.
The sum of the gross horizontal areas of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not used as primary living and sleeping
quarters, but including the area of roofed porches and roofed terraces.
All dimensions shall be measured between exterior faces of walls.
The aggregate of the horizontal areas of all rooms used for
habitation, such as living room, dining room, kitchen, bedroom, but
not including hallways, stairways, cellars, attics, service rooms
or utility rooms, bathroom, closets, nor unheated areas such as enclosed
porches, nor rooms without at least one window or skylight opening
onto an outside yard or court. At least 1/2 of the floor area of every
habitable room shall have a ceiling height of not less than seven
feet and the floor area of that part of any room where the ceiling
height is less than five feet shall not be considered as part of the
habitable floor area.
All that space relegated to use by the customer and the retail
employee to consummate retail sales and to include display area used
to indicate the variety of goods available for the customer but not
to include office space, storage space and other general administrative
areas.
A structure for the provision of services including preparing
human remains for burial, and arranging and managing funerals. This
use does not include cemeteries, crematoriums, and columbariums.
[Added by Ord. No. 2017-4, 11/16/2017]
An enclosed or covered space for the storage of one or more
vehicles or vessels, provided that no business, occupation or service
is conducted for profit therein, nor space therein for more than one
vehicle or vessel is leased to a nonresident of the premises.
Any garage, other than a private garage, which is used for
storage, repair, rental, servicing or supplying of gasoline or oil
to motor vehicles.
See definition "Apartment Garden."
Any accessory structure which may be occupied for other than
sleeping or general housekeeping purposes, or which serves as a shelter
primarily for human beings, except a permitted garage, porch or carport,
which is located in any side or rear yard not closer than three feet
to any side or rear lot line; included in this category of structures
are arbors, aviaries, pergolas, trellises, barbecue shelters, bath
houses, private greenhouses and freestanding screens or baffles and
similar structures as however called. No such structure may be located
in any required front yard between the building setback line and the
street line. Such structures may be solidly roofed and walled or open
to the sky and on the sides, but if solidly roofed or solidly walled
on more than two sides, they must be located within the building line
of the lot and may not invade any required yard. Unscreened, unroofed,
unwalled or unfenced patios, bird baths, ornamental pools and swimming
pools are not considered as garden structures. Permitted structures
may be attached to or be detached from a dwelling.
The cultivation of herbs, fruits, flowers or vegetables,
excluding the keeping of livestock.
The Borough Council of Hummelstown, Dauphin County, Pennsylvania.
The elevation of the center line of the streets, as officially
established by the municipal authorities.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.
A building whose roof and sides are made largely of glass
or other transparent or translucent material and in which the temperature
and humidity can be regulated for the cultivation of delicate or out-of-season
plants for subsequent sale or for personal enjoyment.
The floor of a building nearest the mean grade of the front
of the building.
A facility providing shelter, counseling, and other rehabilitative
services in a family-like environment for more than nine but fewer
than 15 residents, plus such minimum supervisory personnel as may
be required to meet standards of the licensing agency. Residents may
not be legally related to the facility operators or supervisors and,
by reason of mental or physical disability, chemical or alcohol dependency,
or family or school adjustment problems, require a minimal level of
supervision but do not require medical or nursing care or general
supervision. A group care facility must be licensed and/or approved
by the Pennsylvania Department of Public Welfare.
A residence offering baby-sitting services and child care
services for seven to 11 children unrelated to the resident household
and meeting all applicable licensing/registration requirements of
the Pennsylvania Department of Public Welfare.
Any substance that has one or more of the following intrinsic
hazardous properties: explosiveness; flammability; ability to oxidize
(accelerate a fire).
[Added by Ord. No. 2017-4, 11/16/2017]
Any garbage, refuse, sludge from an industrial or other waste
water treatment plant, sludge from a water supply treatment plant,
or air pollution control facility and other discarded material including
solid, liquid, semisolid or contained gaseous material resulting from
municipal, commercial, industrial, institutional, mining, or agricultural
operations, and from community activities, or any combination of the
above, (but does not include solid or dissolved material in domestic
sewage, or solid or dissolved materials in irrigation return permits
under Section 402 of the Federal Water Pollution Control Act, as amended
(33 U.S.C. § 1342) or source, special nuclear, or by-product
material as defined by the U.S.C. § 2014), which because
of its quantity, concentration, or physical, chemical or infectious
characteristics may:
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(a)
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Cause or significantly contribute to an increase in mortality
or an increase in morbidity in either an individual or the total population;
or
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(b)
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Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
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The term "Hazardous Waste" shall not Include coal refuse as
defined in the act of September 24. 1968 (P.L. 1040, No. 318), known
as the "Coal Refuse Disposal Control Act." "Hazardous Waste" shall
not include treatment sludges from coal mine drainage treatment plants,
disposal of which is being carried on pursuant to the act of June
22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law."
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See definition "Building Height."
Any use customarily conducted entirely within a dwelling
or in a building accessory thereto and carried on by the inhabitants
residing therein, and no more than one employee, providing that the
use is clearly incidental and secondary to the use of the dwelling
for dwelling purposes, the exterior appearance of the structure or
premises is constructed and maintained as a residential dwelling,
and no goods are publicly displayed on the premises other than signs
as provided herein.
Uses that involve the raising of plants.
[Added by Ord. No. 2017-4, 11/16/2017]
A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms, and recreational facilities.
Any substance placed on a lot which covers the surface in
such fashion as to prevent natural absorption of surface water by
the earth so covered. The following items shall be deemed to be impervious
material: buildings, concrete sidewalks, paved driveways and parking
areas, swimming pools and other nonporous structures or materials.
An approved device in which combustible material, other than
garbage, is burned to ashes.
A workplace where clothes, working cloth, or linens are washed
and ironed. The facility will have the capacity to provide for the
laundering needs of large institutions such as hospitals.
[Added by Ord. No. 2017-4, 11/16/2017]
The manufacturing of products, primarily from extracted or
raw materials, or bulk storage and handling of the products and materials.
Uses in this classification involve an incidence of truck or rail
traffic, and/or outdoor storage of products, materials, equipment,
or bulk fuel. These uses include food processing and packaging, laundry
and dry-cleaning plants greater than 5,000 square feet in size, auto
dismantling within an enclosed building, stonework and concrete products
manufacture (excluding concrete ready-mix plants), small animal production
and processing within an enclosed building, and power generation.
[Added by Ord. No. 2017-4, 11/16/2017]
The manufacturing, compounding, processing, assembly or treatment
of materials, articles, or merchandise.
A lot, land, or structure, or part thereof, used primarily
for the collecting, storage, and sale of waste paper, rags, scrap
metal, or discarded material, or for the collection, dismantling,
storage, and salvaging of machinery or vehicles not in running condition,
and for the sale of parts thereof.
An establishment providing dental or medical laboratory services;
or an establishment providing analytical, photographic, or testing
services.
[Added by Ord. No. 2017-4, 11/16/2017]
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or,
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single family detached dwelling
or single family semi-detached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an amusement park is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
The legal or beneficial owner or owners of land including
the holder, of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee, if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
A business premises equipped with individual clothes washing
and/or drying machines for the use of customers, exclusive of laundry
facilities provided as an accessory use in an apartment house or an
apartment hotel.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade;
DIRECT or FLOODThat form of lighting wherein the source is visible and the light is distributed directly from it to the object to be illuminated;
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on a street or other appropriate means of access.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change of a single street, where
the interior angle is less than 135° and the radius of the street
line is less than 100 feet.
The average horizontal distance between the front and rear
lot lines.
An interior lot having frontage on two streets.
A lot other than a corner lot.
The lines bounding a lot as defined herein.
The minimum lot width at the "Building Setback Line."
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption or amendment.
A lot which has been recorded in the Office of the Recorder
of Deeds of Dauphin County, Pennsylvania.
A lot extending between, and having frontage on an arterial
street and a minor street, and with vehicular access solely from the
latter.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required building setback line.
A location where lumber and wood-related products used in
construction and/or home improvement projects are processed or stored.
[Added by Ord. No. 2017-4, 11/16/2017]
See definition "Dwelling, Manufactured Home."
A parcel of land in a manufactured home park improved with
the necessary utility connections and other appurtenances necessary
for the erections thereon of a single manufactured home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
The processing and/or converting of raw unfinished or finished
materials or products, or any, or either of them, into an article
or substance of a different character, or for use for a different
purpose; industries furnishing labor in the case of manufacturing
or the refinishing of manufactured articles.
A street or highway designated as an existing or planned
major thoroughfare.
Any method of pressure on or friction against or stroking,
kneading, rubbing, tapping, pounding, vibrating or stimulating of
the external soft parts of the body with hands or with the aid of
mechanical or electrical apparatus, with or without such supplementing
aids as rubbing alcohol, liniments or other similar preparations commonly
used in this practice.
Any establishment or business in which any person or association
engages in, carries on, or permits to be engaged in or carried on,
the practice of massage; excluding, however, the practice of massage
by licensed hospitals, licensed nursing homes, medical clinics and
the offices and quarters of licensed health profession practitioners
or a certified massage practitioner and athletic clubs, health clubs,
schools, gyms or similar establishment where massage is offered as
an incidental and accessory medical or therapeutic massage practitioner
service.
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other health care practitioners, medical and dental laboratories,
out-patient care facilities, blood banks and oxygen and miscellaneous
types of medical supplies and services.
A facility for the building of metal structures by cutting,
bending, and assembling processes.
[Added by Ord. No. 2017-4, 11/16/2017]
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
soil, waste, vent or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
Occupancy of a building or land for more than one use.
A single structure on a single lot containing a permitted
commercial use on the first floor (at grade level) and allowing for
residential units above the first floor.
[Added by Ord. No. 2022-2, 6/16/2022]
Establishments primarily engaged in buying or selling partly
finished monuments and tombstones.
[Added by Ord. No. 2017-4, 11/16/2017]
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, with
separate entrances and designed for year-round occupancy, primarily
for transient automobile travelers and providing for accessory off-street
parking facilities. The term "Motel" includes buildings designated
as tourist courts, tourist cabins, motor lodges, and similar terms.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."
Use by or pertaining to a town or city or its local government.
[Added by Ord. No. 2017-4, 11/16/2017]
See definition "Building, Nonconforming."
See definition "Sign, Nonconforming."
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
A use which is not suitable or allocated for permanent human
occupation.
[Added by Ord. No. 2017-4, 11/16/2017]
Any lot or parcel of land used to cultivate, propagate and
grow trees, shrubs, vines and other plants including the buildings,
structures and equipment customarily incidental and accessory to the
primary use.
A building with sleeping rooms where persons are housed or
lodged and furnished with meals, nursing care for hire and which is
approved for nonprofit/profit corporations licensed by the Pennsylvania
Department of Public Welfare for such use.
Any literature, book, magazine, pamphlet, newspaper, story,
paper, paper, comic book, writing, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument, or any other
written or printed matter which depicts or describes in a patently
offensive manner sexual conduct, sexual excitement or sadomasochistic
abuse or (in the case of articles or instruments) is designed or intended
for use in achieving artificial sexual stimulation; and, taken as
a whole, appeals to the prurient interest; and, taken as a whole,
does not have serious literary, artistic, political or scientific
value.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification, culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same down stream to the
damage of life and property.
A required permit allowing occupancy of a building or structure
after it has been determined that the building meets all the requirements
of applicable ordinances.
A building designed or used primarily for office purposes,
no part of which is used for manufacturing.
A room or rooms used for the carrying on of a profession
to include, but not limited to, physicians, dentists, architects,
engineers, accountants, attorneys, real estate brokers, insurance
agents entitled to practice under the laws of the Commonwealth of
Pennsylvania or similar type.
The unoccupied space open to the sky on the same lot with
the building, not including parking lots.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A sign advertising the name and type of business which is
erected perpendicularly to a building wall and hangs over the pedestrian
walkway.
[Added by Ord. No. 2017-4, 11/16/2017]
Any lot, municipally or privately owned for off-street parking
facilities, providing for the transient storage of automobiles or
motor-driven vehicles. Such parking services may be provided as a
free service or for a fee.
The space within a building, or on a lot or parking lot,
for the parking or storage of one automobile.
A common shared wall between two separate structures, buildings,
or dwelling units.
Any individual or group of individuals, corporations, partnership,
or any similar entity.
A facility in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours for four
or more adults who are not relatives of the operator and who do not
require the services in or of a licensed long-term care facility but
who do require assistance or supervision in such matters as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of an emergency or medication prescribed for self administration.
Facilities, including barber shops, beauty shops or salons
and pick-up points for cleaning and pressing shops.
A map, plan or layout showing the subdivisions of land and
indicating the location and boundaries of individual properties.
A covered area in excess of four feet by five feet or 20
square feet in area at a front, side or rear door.
Any lot, parcel, or tract of land and any building constructed
thereon.
Not publicly owned, operated, or controlled.
A legally established right-of-way, other than a public street,
which provides the primary vehicular and/or pedestrian access to a
lot.
The practice of a profession by any professional, including
but not limited to Attorney, Physician, Surgeon, Osteopath, Chiropractor,
Dentist, Optician, Optometrist, Chiropodist, Engineer, Surveyor, Architect,
Landscape Architect, Planner or similar type, entitled to practice
under the laws of the Commonwealth of Pennsylvania.
Uses that are expressly forbidden by current municipal regulations.
[Added by Ord. No. 2017-4, 11/16/2017]
Is to be judged with reference to average adults unless it
appears from the nature of the material or the circumstances of its
dissemination, distribution or exhibition, that it is designed for
clearly defined deviant sexual groups in which case the predominant
appeal of the matter shall be judged with reference to its intended
recipient group.
Owned, operated or controlled by a government agency (federal,
state, or local, including a corporation and/or board created by law
for the performance of certain specialized governmental functions).
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 53 P.S. § 271
et seq.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Public utility transmission and distribution facilities including
substations and the like.
A vehicular type unit primarily designed as temporary living
quarters for recreational, camping, or travel use, which has its own
motor power or is mounted or drawn by another vehicle; having a body
width of no more than eight feet and a body length of no more than
35 feet when factory equipped for the road, and licensed as such by
the Commonwealth to include, but not limited to, travel trailers,
truck campers, camping trailers, and self-propelled motor homes.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A hotel used by 16 or more permanent guests only and not
by transients.
Commercial use which sells prepared food or beverages and
generally offers accommodations for consuming the food or beverage
on the premises.
[Added by Ord. No. 2017-4, 11/16/2017]
Small, resident-oriented food shop selling goods, such as
baked goods, coffee, and assorted sundries. Baked goods for sale on-premises,
but not for wider distribution, can be prepared on site.
[Added by Ord. No. 2017-4, 11/16/2017]
A business that engages in the sale and distribution of goods
to end-users.
[Added by Ord. No. 2017-4, 11/16/2017]
A strip of land acquired by reservation, dedication, forced
dedication, prescription or condemnation and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipeline, water line, sanitary storm sewer and other similar uses;
generally, the right of one to pass over the property of another.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
Flagellation or torture by or upon a person who is nude or
clad in undergarments, a mask or bizarre costume, or the condition
of being fettered, bound or otherwise physically restrained on the
part of one so clothed.
A private hospital, whether or not such facility is operated
for profit.
See definition "Antenna, Satellite Dish."
Any place offering instruction in any branch of knowledge
under the supervision of the Commonwealth of Pennsylvania or a lawfully
constituted ecclesiastical governing body, person, partnership, or
corporation meeting the requirements of the Commonwealth of Pennsylvania.
A facility, not in a private residence, enrolling four or
more children no more than five years of age and where tuition, fees,
or other forms of compensation for the instruction and care of the
children is charged. Such facility shall employ licensed personnel
and shall be licensed by the Commonwealth of Pennsylvania.
A vegetative material of sufficient height and density to
conceal from the view of property owners in adjoining residential
districts the structures and uses on the premises on which the screen
planting is located.
Actual or simulated acts of human masturbation, sexual intercourse
or any touching of the clothed or unclothed genitals, pubic areas
or buttocks of the human male or female or the breasts of the female,
whether alone or between members of the same or opposite sex, or between
humans and animals.
The condition of human male or female genitalia when in a
state of sexual stimulation or arousal.
A group of stores planned and designed to function as a unit
for the lot on which it is located with off-street parking provided
as an integral part of the unit.
A dwelling unit containing a single cooking area where lodging
is provided for a period of less than 30 consecutive days. The owner
and/or manager of the property does not reside in the dwelling while
guests are staying within the home. All guests of the home are staying
in the home under a single contract.
[Added by Ord. No. 2019-4, 11/21/2019]
A scaled graphical depiction of the proposed development
of a lot, parcel or tract of land describing all covenants assigned,
as well as, accurately depicting the use, location, and bulk of all
buildings and structures, intensity of use or density of development,
streets, driveways, rights-of-ways, easements, parking facilities,
open space, public facilities and utilities, setbacks, height of buildings
and structures, and other such data necessary for municipal officials
to determine compliance with this chapter and appropriate provisions
of other such ordinances, as they may apply.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
Any structure or device for visual communication that is
used for the purpose of bringing the subject thereof to the attention
of the public.
A sign intended for the painting, posting or otherwise displaying
of information inviting attention to any product, business, service
or cause not located on or related to the premises on which the sign
is situated.
A sign which directs attention to a use conducted, product
or commodities sold or service performed upon the premises.
A sign or name plate, indicating the name of noncommercial
buildings or occupants thereof, or describing the use of such buildings;
or when displayed at a residence, indicating a home occupation legally
existing thereat.
Any sign lawfully existing on the effective date of an ordinance,
or an amendment thereto, which renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended Ordinance.
A sign, including billboards, intended for the painting,
posting or otherwise displaying of information inviting attention
to any product, business, service or cause not located on or related
to the premises on which the sign is situated.
A sign relating to the property upon which it is located,
offering such property for sale or lease, announcing improvements
or changes in connection therewith, warnings, or other similar notices
concerning such property.
Any device or structure erected for advertising or identification
purposes upon or above the roof of any building or structure or part
thereof.
A sign which is incidental to a use lawfully occupying the
property upon which the sign is located which sign is necessary to
provide information to the public such as direction to parking lots,
location of rest rooms; or other such pertinent facts.
A temporary sign shall be construed to mean any sign, banner,
cardboard or other material carrying an advertisement or announcement,
which is displayed or intended to be displayed for a period not exceeding
ordinance requirements.
A sign painted on or affixed to and paralleling the outside
wall of a building, and extending not more than 12 inches from such
wall.
A commercial retail use where the primary goods offered for
sale are tobacco products wrapped in paper or other packaging that
does not independently contain tobacco, commonly known as "cigarettes,"
"vape products," "electronic cigarettes," and mechanical devices from
which to smoke tobacco derivatives and vape products (not including
a cigar shop and lounge as defined herein).
[Added by Ord. No. 2022-2, 6/16/2022]
A property owner's right to have the sunlight shine on his
land.
Any of numerous devices or systems designed to capture and
use solar radiation for heating air or water and for producing steam
to generate electricity.
[Added by Ord. No. 2017-4, 11/16/2017]
The space between a solar energy collector and the sun which
must be free of obstructions that shade the collector to an extent
which precludes its cost-effective operation.
A right, expressed as an easement, covenant, condition, or
other property interest in any deed or other instrument executed by
or on behalf of any landowner, which protects the solar skyspace of
an actual, proposed, or designated solar energy collector at a described
location by forbidding or limiting activities or land uses that interfere
with access to solar energy.
A facility where any storage or deposit of solid waste occurs.
[Added by Ord. No. 2017-4, 11/16/2017]
A use permitted in a particular zoning district pursuant
to the provisions of this chapter and Articles VI and IX of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10601 et seq., § 10901
et seq.
A structure intended for lease for the sole purpose of storing
household goods, motor vehicles, or recreational equipment.
That portion of any building included between the surface
of any floor and the surface of the next floor above it, or if there
is no floor above it, then the space between such floor and the ceiling
next above it.
A story under a gabled, hipped, or gambreled roof, the wall
plates of which on at least two opposite exterior walls, are not over
three feet above the finished floor of such story.
A public right-of-way constructed to municipal standards
which affords primary vehicular traffic or pedestrian access to abutting
properties, which includes avenue, boulevard, road, highway, freeway,
parkway, and viaduct, but shall not include a lane or an alley for
the purpose of this chapter.
A street intersecting another street at one end and terminating
at the other in a vehicular turnaround.
The officially established grade of the street upon which
a lot fronts or in its absence the established grade of the other
streets upon which the lot abuts, at the midpoint of the frontage
of the lot thereon. If there is no officially established grade, the
existing grade of the street at such midpoint shall be taken as the
street grade.
The dividing line between the street and the lot, also known
as the right-of-way line.
|
(a)
|
ARTERIAL STREET — A major street or highway with fast
or heavy traffic of considerable continuity and used primarily as
a traffic artery for intercommunications among large areas;
| |
|
(b)
|
COLLECTOR STREET — A major street or highway which carries
traffic from minor streets to arterial streets including the principal
entrance streets of a residential development and streets for circulation
within such a development.
|
A minor street which is parallel and adjacent to a limited
access highway or arterial street, which provides access to abutting
properties and protection from through traffic. Also known as a service
road.
A street used primarily for access to abutting properties.
The distance between street lines measured at right angles
to the center line of the street.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. For floodplain
management purposes, a walled and roofed building, including a gas
or liquid storage tank, that is principally above ground, as well
as a manufactured home.
A structure or part of a structure manifestly not designed
to comply with the use or extent of use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
A building or portion of a building used as a place of work
by an artist, photographer, or artisan, or used for radio or television
broadcasting.
The use of a premises by a teacher of music or dancing where
students are taught these arts for a fee. This term is synonymous
with "Dancing School" and "Music School," and other similar expressions.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development:
Provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Is defined as any repair, alteration, reconstruction or improvement
of a structure, and/or use the cost of which equals or exceeds 50%
of its market value either:
|
(a)
|
Before improvement is started, or
| |
|
(b)
|
If the structure has been damaged and is being restored before
the damage occurred. For the purposes of this definition, substantial
improvement is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either any project
for improvement of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are solely necessary
to assure safe living conditions, or any alteration to a structure
listed on the National Register of Historic Places or the State Inventory
of Historic Places.
|
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 pursuant to the requirements of this chapter)
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.
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
A building or part of a building housing dramatic presentations,
stage entertainments, lectures, demonstrations, motion picture shows,
or the like.
[Amended by Ord. No. 2017-4, 11/16/2017]
A building containing at least three dwelling units in a
row in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
[Added by Ord. No. 2017-4, 11/16/2017]
An electric substation containing an assemblage of equipment
for the purpose other than generation or utilization, through which
electrical energy in bulk is passed for the purpose of switching and
modifying its characteristics to meet the needs of the general public.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The specific purpose for which land or a building is designated,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See definition "Nonconforming Use."
The primary or predominant use of any lot.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
Relief granted pursuant to the provisions of this chapter
and Articles VI and IX of the Pennsylvania Municipalities Planning
Code, 53 P.S § 10101 et seq.
Shall consist of trees, shrubs, flowers, grass, ground or
bank cover or suitable pervious decorative substitute.
A business that manufactures baked goods at a large scale
and provides transportation for off-site sale. No goods shall be sold
directly to consumers at a property with a wholesale bakery use designation.
[Added by Ord. No. 2017-4, 11/16/2017]
A business that engages in the sale and distribution of goods
to users other than end consumers, such as retailers, wholesalers
and merchants, or to industrial, commercial and institutional users.
[Added by Ord. No. 2017-4, 11/16/2017]
A device which converts wind energy to mechanical or electrical
energy.
The blades, plus hub to which the blades are attached, that
are used to capture wind for purpose of energy conversion. The wind
rotor is used generally on a pole or tower and along with other generating
and electrical storage equipment forms a wind energy conversion system.
A business or shop that sells items made from wood. This
can include the making of such items on site.
[Added by Ord. No. 2017-4, 11/16/2017]
An unoccupied space, outside the building setback lines,
other than a court, open to the sky, on the same lot with a building
or structure.
A strip of required yard space adjacent to the boundary of
a property or district, not less than the width designated in this
chapter, and on which is placed (planted) year-round shrubbery, hedges,
evergreens, or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district and may include
a wall, as provided for in this chapter.
An open, unoccupied space between the buildings of a dwelling
group or its accessory building and the project boundary or street
line.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the building front setback line projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front building setback line and the street line. Covered porches
whether enclosed or unenclosed, shall be considered as part of the
main building and shall not project into a required front yard.
An open, unoccupied space between the buildings of a dwelling
group or its accessory buildings, not a front, side, or rear yard.
An open occupied space on the same lot with a main building,
extending the full width of the lot and situated between the rear
line of the lot and the rear building setback line projected to the
side lines of the lot. The depth of the rear yard shall be measured
between the rear line of the lot and the rear building setback line.
A building shall not extend into the required rear yard.
An open occupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line. A building shall not
extend into the required side yards.
The map setting forth the boundaries of the Zoning Districts
of the Borough which shall be part of this chapter.
