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.
"Shall" is always mandatory.
D.
"Sale" shall also include rental.
E.
Unless stated otherwise, the singular shall also regulate 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. A standard
reference dictionary should be consulted.
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.
I.
References to codes, ordinances, resolutions, plans, maps, standards,
regulations, statutes, documents, lists, governmental bodies, commissions
or agencies or officials are to codes, ordinances, resolutions, plans,
maps, standards, regulations, statutes, documents, lists, governmental
bodies, commissions or agencies or officials of the Borough or of
the Commonwealth of Pennsylvania as in effect or office from time
to time, including amendments thereto or revisions or successors thereof,
unless the text indicates another reference is intended. It is the
intent of the Borough that this chapter be interpreted in accordance
with Section 1937 of the Statutory Construction Act, 1 Pa.C.S.A. § 1937.
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 container of books, posted in an accessible spot, often
in a residential yard near a sidewalk from which persons may take
books or to which persons may donate books.
[Added 6-5-2017 by Ord.
No. 2-17]
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.
The process of converting a building to a use other than
that for which it was designed.
Two or more lots that share a common lot line or that are
separated from each other only by a street or waterway.
A use with a significant portion of the market value of,
or over 15 square feet of total floor area occupied by, items for
sale or rent being books, films, magazines, videotapes, coin- or token-operated
films or videotapes, paraphernalia, novelties or other periodicals
which are distinguished or characterized by a clear emphasis on matter
depicting, displaying, describing or relating to uncovered male or
female genitals or specified sexual activities. This shall include
but not be limited to materials that would be illegal to sell to persons
under age 18 under state law.
A use providing supervised care and assistance primarily
to persons who are over age 60 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, company or organization
operating the use or to persons involved in such activity.
A use involving the presentation to three or more persons
at one time in a room of motion pictures, videotapes 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
facility/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.
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.
An accessory use, comprised of either a closed-loop geothermal
energy system, an accessory solar energy system, an accessory wind
energy system, or an outdoor hydronic heating system.
The arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves by an amateur radio station.
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an amateur radio antenna or antennas.
A person named in an amateur operator/primary license station
grant on the ULS consolidated licensee database of the Federal Communications
Commission to be the control operator of an amateur radio station.
A station in an amateur radio service consisting of the apparatus
necessary for carrying on radio communications. For the purpose of
this definition, amateur radio service is radio communication service
for the purpose of self-training, intercommunication and technical
investigations carried out by amateurs, that is, duly authorized persons
interested in radio technique solely with a personal aim and without
pecuniary interest.
A facility, the main purpose of which is to use anaerobic
digestion processes to convert livestock manure (primary catalyst)
and feedstock into biogas, which is generally burned on-site to produce
electricity, heat, water, as well as to manage livestock and poultry
manure. Anaerobic digesters may include "co-digestion" in which the
livestock and poultry manure (primary catalyst) may be mixed with
other organic materials (secondary catalyst). Types of anaerobic digesters
include covered anaerobic lagoons, plug-flow, and/or complete mix
(continually stirred tank reactor), along with other appurtenant sites,
structures and buildings, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
The process in which microorganisms in the absence of oxygen
convert the energy stored in volatile acids in livestock and poultry
manure or other organic materials into biogas.
A device, partially or wholly exterior to a building, that
is used for receiving electronic signals (other than a satellite dish
antenna which is treated separately) or for transmitting shortwave
or citizens band radio frequencies. This shall include antennas used
by an amateur 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 MPC, as amended, shall apply.
The art/science of building design and construction; a method
or style of building; the product of construction; the recognizable
features for any kind of structure; the materials and methods used
to produce a structure.
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 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 the requirements in § 270-62.
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 emissions 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 § 270-62.
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 the requirements in § 270-62.
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 and that meets the maximum number of overnight guests specified in § 270-62 for this use and 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 § 270-62.
A residential use in which 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.
Borough of Mount Joy, Lancaster 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 § 270-113.
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 area
under the 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.
The percentage obtained by dividing the maximum horizontal
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.
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 building used for the conduct of the principal use of a
lot and which is not an accessory building.
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.
Chapter 270, Zoning, of the Code of the Borough of Mount Joy, including the Official Zoning Map, as amended.
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 "places of worship."
Natural wood that has been seasoned to reduce its water content
and provide more efficient combustion. The term "clean wood" does
not include wood:
Coated with paint, stain, oil, resin or any other preservative,
fire retardant or decorative materials;
Impregnated with preservatives or fire retardants;
Exposed to salt water; or
Manufactured with use of adhesives, polymers or resins, such
as strand, particle and veneer lumber and recycled lumber.
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 § 270-62.
The CBD, NC and GC Zoning Districts.
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.
The Mount Joy Borough Planning Commission.
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 § 270-18.
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.[1]
The Lancaster County Conservation District, or any entity
successor thereto.
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 6,500 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.
The cultivation of plants for food, animal foodstuffs, or
other commercial uses.
A process provided in the MPC that permits a municipality
to address the potential invalidity of portions or all of its own
zoning ordinance.
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:
FAMILY DAY-CARE HOME (or CHILD DAY-CARE AS AN ACCESSORY USE)A type of day-care use that is accessory to and occurs within a dwelling unit and provides care for four to six children at one time who are not relatives of the primary caregiver. See § 270-63.
GROUP DAY-CARE HOMEA type of day-care use that provides care for between seven and 12 children at one time who are not relatives of the primary caregiver, provides care within a dwelling unit and is registered with the applicable state agency.*
CHILD DAY-CARE CENTERA type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary caregiver, does not meet the definition of a "group day-care home" and is registered with the applicable state agency.* See § 270-62.
The Pennsylvania Department of Community and Economic Development,
or any entity successor thereto.
The absence of routine maintenance and repair which leads
to structural weakness, decay and deterioration in a building or structure.
To tear down, raze, destroy, do away with.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
The Pennsylvania Department of Environmental Protection,
or any entity, successor thereto, and its relevant bureaus.
A disability of a person which has continued or can be expected
to continue indefinitely; a disability 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.
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:
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 Article VIII.
APARTMENTSTwo or more dwelling units within a building that do not meet the definition of a "single-family detached dwelling," "semi-detached dwelling" or "townhouse/row house." The individual dwelling units may be leased or sold for condominium ownership.
SECTIONAL OR MODULAR HOMEA type of dwelling that meets the 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 and that does not meet the definition of a "mobile/manufactured home" and 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:
It 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;
It is designed for permanent occupancy;
It arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations;
May be constructed so that it may be used without a permanent
foundation.
It is not a recreation vehicle.
The terms "mobile home" and "manufactured home" have the same meaning. This term is different from a sectional home, which is defined above. See standards in § 270-62.
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SEMI-DETACHED OR TWO-FAMILY DWELLING UNITOne dwelling unit accommodating one family that is attached to and completely separated from only one additional dwelling unit, either side-by-side containing a vertical, unpierced, fire-resistant wall or in the over-and-under configuration. One side yard shall be adjacent to each dwelling unit if the units are in the side-by-side configuration. Each unit may or may not be on a separate lot from the attached dwelling unit.
TOWNHOUSE or ROW HOUSEOne 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 § 270-62.
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 clearly
temporary and occasional persons working on physical improvements
to the site.
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 270-46. 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 up to four unrelated individuals who maintain a common household and live within one dwelling unit. "Family" shall also expressly include numbers of unrelated persons provided by the group home provision of § 270-62 residing within a licensed group home, as defined herein. It is the express intent of the Borough to comply with all provisions of the Federal Fair Housing Act, as amended, and regulations promulgated thereunder, in the construction of this term.
Federal Emergency Management Agency, or any entity successor
thereto.
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, cinder block 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 § 270-63.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public and that may include automatic transaction machines.
See definitions of "floodplain" and related terms in § 270-74.
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, fully enclosed porches and 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. See § 270-63.
A type of geothermal heating or cooling system, not designed
or used for the generation of power, that utilizes a pressurized heat
exchanger consisting of pipe, a circulating pump, and a water-source
heat pump in which the heat transfer fluid is not exposed to the atmosphere.
The heat transfer fluid is potable water and may have approved antifreeze
added. There are two kinds of closed loop systems:
CLOSED HORIZONTAL LOOP GEOTHERMAL SYSTEMA mechanism for heat exchange which consists of the following basic elements: horizontal underground loops of piping; heat transfer fluid; a heat pump; an air distribution system. An opening is made in the earth. A series of pipes are installed into the opening and connected to a heat exchange system in the building. The pipes form a horizontal closed loop and are filled with a heat transfer fluid. The fluid is circulated through the piping from the opening into the heat exchange and back.
CLOSED VERTICAL LOOP GEOTHERMAL SYSTEMA borehole that extends vertically beneath the surface. Pipes are installed with U-bends at the bottom of the borehole. The pipes are connected to the heat exchanger and heat transfer fluid is circulated through the pipes.
A type of geothermal heating or cooling system that utilizes
a water-supply well and water pump to deliver groundwater to a watersource
heat pump. The discharge water from the water-source heat pump may
be returned to the subsurface through a recharge well or infiltration
bed or may be discharged into a pond, lake or stream. A spring may
also be the source of the ground water supply.
A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus. See § 270-76.
A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose and which is not owned by Mount Joy 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.
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 age or emotional, mental or physical handicap. 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.[2] 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 in § 270-62.
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NOTE: The Federal Fair Housing Act Amendments defined "handicap"
as follows; "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2) a record
of having such an impairment, or 3) being regarded as having such
an impairment, but such term does not include current, illegal use
of or addiction to a controlled substance as defined in Section 802
of Title 21." This definition was subsequently adjusted by Section
512 of the Americans With Disabilities Act to address certain situations
related to substance abuse treatment.
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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
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:
Hazardous substances included on the list of extremely hazardous
substances in 29 CFR 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 § 270-112. 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, Signs.
Any building, structure, site, object or district that is
included on any of the following lists:
A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 270-63. A light home occupation shall be a home occupation that meets the additional requirements for a light home occupation stated in § 270-63. A general home occupation shall be a home occupation that does not meet the requirements for a light home occupation.
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.
The percentage of the lot area covered by man-made surfaces
that have a coefficient of runoff of 0.85 or greater. For the purposes
of determining compliance with this chapter, any stone surfaces that
may be allowed to be used for vehicle parking and movement shall be
considered to be impervious.
The LI, CI and GI Zoning Districts.
A person or group of persons having a direct or personal
interest relating to the demolition of historic resources.
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 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.
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.
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:
Junk. (See definition.)
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 § 270-62 for an auto repair garage or auto service station.
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 the "keeping of pets" provisions of this chapter.
A kennel may also serve other animals.
The legal or beneficial owner or owners of land including
the holder of a formal option or contract to purchase (whether or
not such option or contract is subject to any condition), a lessee
(if he is authorized under the lease to exercise the rights of the
landowner), or other person having a proprietary interest in the land.
(See 53 P.S. § 10107.)
A residential use designed and operated exclusively for adults
of 55 years of age or older and/or physically handicapped persons
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
Illumination that passes from the source through a translucent
cover or shade.
The raising and keeping of livestock, horses, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under § 270-63D(9), Keeping of pets, and beyond what is allowed within the definition of "crop farming." For the purposes of this chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." "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.
The horizontal 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, the following shall be excluded:
Areas within the designated future or existing legal rights-of-way
of any proposed or existing public streets or alleys or any proposed
or existing commonly maintained private streets that serve more than
one lot. (Note: Other sections of this chapter may specifically permit
proposed streets to be included in determining density for a specific
use.)
Areas that are currently or will be required to be dedicated
as common open space on a separate lot. (Note: Other sections of this
chapter may specifically permit proposed common open spaces 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.
FRONT LOT LINE (STREET LINE)A 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 farthest from any street shall be considered a rear lot line.
SIDE LOT LINEAny lot line other than a front or rear lot line.
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Sample Lot Line Configurations
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Abbreviations correspond to:
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a = Front lot line
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b = Rear lot line
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c = Side lot line
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d = Side lot line required to meet § 270-113B
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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.
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Terms For Lot Requirements
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For Illustrative Purposes Only
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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 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(s) 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 or massage therapist 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
by the Commonwealth of Pennsylvania as a massage therapist or health
professional. This use shall be considered a type of personal service.
An area of land or a 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.
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 in a mobile/manufactured home park, improved
with necessary utility connections and other appurtenances necessary
for the erections thereon of a single mobile/manufactured home.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile/manufactured home lots for the placement thereon of mobile/manufactured homes. See § 270-62.
An automobile, recreational vehicle, truck, bus, motorcycle,
all-terrain vehicle or similar means of transportation designed to
operate to 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, 53 P.S. § 10101
et seq.
Any use by the Borough or a municipal authority created singly
by the Borough or jointly by the Borough and other municipalities
for the public health, safety and welfare and which shall specifically
include administration, police, fire, recreation and public works
uses.
[Added 5-1-2023 by Ord. No. 1-23]
The official federal list of districts, sites, buildings,
structures, and objects significant in American history, architecture,
archaeology, engineering and culture.
A commercial establishment intended to provide services for
residents of the neighborhood in which it is located. Since the customers/clientele
of a neighborhood business are from the immediate area, the majority
of customers will arrive at the business by either walking or bicycle.
Therefore, no off-street parking is required. A neighborhood business
includes the following uses: bakery, laundromat, restaurant without
drive-through service (limited to no more than 3,500 square feet of
gross floor area), retail store and personal services (limited to
no more than 3,500 square feet of gross floor area).
A mechanism that provides a simplified approach for interconnecting
and metering on-site renewable generating facilities, such as a solar
PV system. It allows customers to use excess solar electric generation
to offset utility-purchased electricity on a monthly or annual basis.
A place that is open at night, has music, dancing, or a show,
and usually serves alcoholic drinks and food.
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 amendments hereinafter enacted.
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 chapter or applicable amendment(s). Such nonconforming structures include, but are not limited to, signs. See § 270-115.
A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), 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 § 270-115.
A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 270-62.
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.
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.
Will be deeded to the Borough and/or deed restricted to permanently
prevent uses of land other than common open space and noncommercial
recreation.
Does not use any of the following areas to meet minimum open
space requirements:
Existing 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.
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 the Borough Council, would be reasonably safe and useful for active
or passive recreation during the vast majority of weather conditions.
Portions of land that have a width of less than 20 feet.
A fuel-burning device also known as an "outdoor heater,"
"outdoor wood-fire furnace," and "outdoor wood-burning appliance,"
designed:
To burn clean wood or other fuels specifically tested and listed
for use by the manufacturer;
By the manufacturer specifically for outdoor installation in
structures not normally intended for habitation by humans or domestic
animals (e.g., garages); and
To heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water/antifreeze
mixture.
The Commonwealth of Pennsylvania.
Off-street parking and aisles for vehicle movement unless
otherwise stated.
The Pennsylvania Department of Transportation or any entity
successor thereto, 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 § 270-63.
An outdoor wood-fired boiler that has been certified or qualified
by the EPA as meeting a particulate matter emission limit of 0.32
pounds per million British Thermal Units (BTU) output and is labeled
accordingly, with a white "hang" tag.
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 § 270-62.
A residential development in which separate lots will not
be created for each principal building.
See "Commission."
Any building or structure that is not an historic resource
and was constructed prior to 1940.
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 dominant use(s) or main use on a lot, as opposed to an
accessory use.
Notice required by the Pennsylvania Municipalities Planning
Code.
Leisure facilities owned, operated or maintained by governmental
entities 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 does not meet the definition of "outdoor recreation" and 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 § 270-46.
OUTDOOR RECREATIONA type of recreation use that has a total building coverage of less than 15% and 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 § 270-46, 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, child, grandparent, great-grandparent,
grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law,
brother-in-law, parent-in-law or first cousin. This term specifically
shall not include relationships such as second, third or more distant
cousins. See definition of "dwelling unit."
Shops for the repair of appliances, watches, guns, bicycles
and other household items.
A use 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
household garage or storage shed that is accessory to a dwelling,
except as may be allowed as a home occupation.
The C, LDR, MDR, and MHDR Zoning Districts.
The lot line of a lot that contains an existing primarily
residential use or is undeveloped and zoned as a residential district.
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 or nightclub, as applicable, must
be met.
See "drive-through service" in this section.
A use in which merchandise is sold or rented to the general
public, but not including the following:
A residential development consisting of living units exclusively serving persons of retirement age. Such a development may include facilities for health or convalescent care, ancillary support services and community services to service persons of retirement age in the surrounding area. At least one resident of each household shall be at least 55 years of age or be the surviving spouse of a deceased resident who was at least 55 years of age. In addition, the care of persons with disabilities shall be permitted in assisted living facilities. Such use shall meet the applicable requirements of § 270-62.
An area or strip of land which is reserved for use by or
as a street or by one or more utilities or by the public or by others.
The term "right-of-way" by itself shall mean the street right-of-way
that will exist after completion of a subdivision or development,
unless another meaning is otherwise stated or clearly implied from
the context in which it is used.
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 § 270-113D.
See under "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 line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
adjacent future street right-of-way or exterior lot line (when the
property is not abutted by a right-of-way). Such line shall be measured
at right angles from and parallel to the lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 270-113B.
Unless otherwise stated, setback distances are for both accessory
structures and principal structures.
Private streets. For a building setback measured from a private
street, the setback shall be measured from the existing right-of-way
of such a street, if a right-of-way exists. If a private street does
not have a right-of-way, the setback shall be measured from the edge
of the cartway.
An area required to be kept free of certain visual obstructions to traffic. See § 270-113.
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 § 270-93 and § 270-101. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising.
See § 270-101.
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.
A solar collection system consisting of one or more roof-
and/or ground-mounted solar collector devices, including photovoltaic
shingles, and solar-related equipment, which is intended to primarily
reduce on-site consumption of utility power.
Any solar collector consisting of one or more cell(s), panel(s),
or array(s) designed to collect and convert solar power into another
form of energy such as electricity or heat, and other structures and
buildings used in the conversion, storage, and distribution including
electrical infrastructure, transmission lines, and other appurtenant
structures and facilities.
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 § 270-16.
One or more of the following:
Any vertical structure enclosing a flue(s) that carry off
smoke or exhaust from a furnace or other fuel-burning device, especially
that part of a structure extended above a roof.
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 6.5 feet shall
be considered a half story.
A strip of land, including the entire right-of-way, intended
for use as a means of vehicular and pedestrian circulation and travel.
"Street" includes avenue, boulevard, road, highway, freeway, parkway,
lane, viaduct, and any other ways used or intended to be used by traffic
or pedestrians, whether public or private.
The official established street right-of-way that either
the Borough or the state presently owns, or holds another interest
in the land, or will own after the completion of any proposed subdivision,
land development or development of a use under this chapter, whether
by dedication or otherwise.
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 240, Subdivision and Land Development, shall apply.
Chapter 240, Subdivision and Land Development, of the Code of the Borough of Mount Joy, as amended.
A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 270-63.
A man-made area with walls of man-made materials intended
to enclose water at least 24 inches deep for bathing or swimming and
that does not meet the definition of a "household 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 a "nightclub" or 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 § 270-63D(8), Outdoor storage and display.
See "dwelling types."
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and 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 commercial use that primarily involves providing fuel to
tractor-trailer trucks owned by numerous different companies. Such
use may also include related retail sales and repair services.
Mount Joy Borough Uniform Construction Code.[6]
A bored, drilled, driven or dug well for the emplacement
of fluids into the ground. This term shall not include drilling muds
or similar materials used in water supply well construction.
A dwelling unit that is especially created for and limited to occupancy by a close 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 § 270-63.
Any motor vehicle or trailer that does not display a license
plate with a current registration sticker and does not have a valid
state safety inspection sticker. This term shall not apply to vehicles
(such as licensed antique cars) for which state regulations do not
require an inspection sticker. The term also shall not include motor
vehicles displaying a license and inspection stickers that have each
expired less than 90 days previously.
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 compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the MPC. See § 270-11.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck 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.
A wind energy conversion system consisting of a wind turbine,
tower, and associated control or conversion electronics, which is
intended to primarily reduce on-site consumption of utility power.
An area of land or other area used for a wind energy conversion
system, principally used to capture wind energy and convert it to
electrical energy. Principal wind energy production facilities consist
of one or more wind turbines, tower, and associated control or conversion
electronics and other accessory structures and buildings including
substations, electrical infrastructure, transmission lines and other
appurtenant structures and facilities, which has a rated capacity
of more than 100 kilowatts.
An accessory wind energy system that converts wind energy
into electricity through the use of a wind turbine generator. It includes
the nacelle, rotor, tower and pad transformer, if any.
The vertical component of a wind energy conversion system
that elevates the wind turbine generator and attached blades above
the ground.
An area not covered by buildings and that is on the same
lot as the subject structure or use and which is measured inward from
a lot line. Regulations of specific districts prohibit principal structures
and accessory structures within specified required minimum yard setbacks.
A yard measured from along the front lot line (which is the
existing street right-of-way line where it abuts a street) and that
extends the full width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces towards a public
street whenever one public street abuts the lot.
See § 270-113 concerning yards along corner lots.
No accessory structure or principal structure shall extend into the required front yard, except as provided in this chapter. See special front yard provisions, including regarding corner lots, through lots and front yard exceptions, in § 270-113.
Every lot shall include at least one front lot line.
A yard extending the full width of the lot and which is always
measured from along the rear lot line and which establishes the minimum
setback for the subject structure and which stretches between the
side lot lines parallel to the rear lot line.
A principal building shall not extend into the required rear
yard setback for a principal building, and an accessory structure
shall not extend into the required rear yard for an accessory structure,
except as provided in this chapter.
Every lot shall include a rear lot line.
A yard which establishes the minimum setback for the closest
portion of the subject structure and which is measured from along
the entire length of the side lot line and which extends from the
front lot line to the rear lot line.
A structure shall not extend into the applicable minimum side
yard setback, except as provided for in this chapter.
See corner lot provisions in § 270-113B.
Every lot shall include at least one side lot line, although such lot line may be regulated as a front yard under § 270-113B.
The Official Zoning Map of Mount Joy Borough, Lancaster County,
Pennsylvania.
The person charged with the duty of enforcing the provisions
of this chapter and any officially designated assistant.
The Mount Joy Borough Zoning Ordinance, as amended (this
chapter).
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and
68 Pa.C.S.A. § 5101 et seq., respectively.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq.
[3]
Editor's Note: See 33 U.S. Code § 1321.
[4]
Editor's Note: See 42 U.S.C. § 9601 et seq.
[5]
Editor's Note: Said appendix is included as an attachment to this chapter.
